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Bombay High CourtCA/5338/2024admittedallowedgrantedrule absolute

Dayaram Tulshiram Patil Died Lrs Welchand T. Patil Died Thr Lrs And ORS v. The Divisional Officer Midc Nashik

2025-04-25Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2025:BHC-AUG:12248 1 937.CR.APP-5338-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 5338 OF 2024 IN FA/2551/2011 DAYARAM TULSHIRAM PATIL DIED LRS WELCHAND T. PATIL DIED THR LRS AND ORS

VERSUS

THE DIVISIONAL OFFICER MIDC NASHIK .....

Advocate for Respondent No.1 : Mr.S.S.Dande AGP for Respondent Nos.2 and 3: Mr.S.M.Ganachari ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25th APRIL 2025 PER COURT :

.

The applicant who is the sole claimant in the first appeal preferred by Respondent No.1 died. His heirs mentioned in the cause title of the application are seeking condonation of delay for bringing themselves on record. As the first appeal is preferred by acquiring body it is the duty of the acquiring body to take steps against deceased-respondent/claimant. The cause of action survives against the legal representatives. There is no reason to doubt the contents of the application.

2.

Civil application is allowed in terms of prayer clause 'B' and 'C'. [ SHAILESH P. BRAHME, J.] vsj..