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Bombay High CourtIA/9551/2024allowed

Nagubai Anant Mhatre(Dec)Thr. Lrs.Mohan Anant Mhatre (Dec)Thr. Lrs.1) Jayshree Mohan Mhatre And ORS v. The State Of Maharashtra Through The Deputy Collector( Land Acquisition), Raigad

2025-03-19Hon'Ble Justice Sharmila U. Deshmukh2 pages

101 Ia-9551-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9551 OF 2024 IN FIRST APPEAL NO. 384 OF 2025 Nagubai Anant Mhatre Since deceased Thr. Legal Heirs.

...Applicants.

In the matter between :

Krushna Vitthal Thakur and Others.

...Appellants.

Versus

State of Maharashtra.

...Respondent.

------ Ms. Deepa Punde for the Appellant.

Mr. A. R. Patil, AGP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : March 19, 2025.

P. C. :

1.

Interim Application has been preferred by the legal heirs of deceased Appellant No.2 seeking to be impleaded as party to the First Appeal in place of deceased Appellant No.2 and for condonation of delay and setting aside abatement.

2.

Applicants are the wife and children of predeceased son and the sons and daughters of Appellant No.2. Appellant No.2 expired on 28th April 2021 and since the Applicants were unaware of the legal procedure, Application could not be filed within time. Patil-SR 1 of

101 Ia-9551-2024.doc 3.

In view of the fact that First Appeal arises out of the land acquisition proceedings and it is specifically pleaded that legal heirs were not aware of the procedure for bringing themselves on record, Application is allowed. Delay is condoned and abatement qua the Appellant No.2 is set aside. Amendment to be carried out within a period of three weeks from today.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 20/03/2025 19:55:23