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Bombay High CourtCA/3116/2025admittedallowedgrantedrule absolute

Chandrakant Mishrilal Bafna (Died) Thr. Lrs Prashant C.Bafna And ORS v. The State Of Maharashtra, Through Collector, Nanded And ORS

2025-04-15Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:11161

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

84 CIVIL APPLICATION NO. 3116 OF 2025 IN FA/379/2019 Chandrakant Mishrilal Bafna (died) Thr. LRs Prashant C.bafna And Ors

Versus

The State of Maharashtra, Through Collector, Nanded And Ors .....

Shri. Almas Abdul Quader, Advocate for the Applicants Shri. Rajdeep D. Raut, AGP for Respondents / State .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

APRIL 15, 2025 PER COURT :- .

This is the Application for condonation of 38 days delay in preferring the Application for bringing on record legal heirs / representatives of Deceased - Chandrakant Mishrilal Bafna, who was the Original Claimant and the Appellant in the Appeal. 2.

Issue notice to the Respondents. The learned AGP waives service for all the Respondents.

3.

Heard both the sides.

4.

There is no dispute that the Original Claimant, who preferred the First Appeal, died during the pendency of the Appeal. There is copy of Death Certificate showing the date of death of the Original Claimant on 16.10.2024. There is the Heirship Certificate issued by the learned

2nd Jt. Civil Judge Junior Division, Nanded in Misc. Civil Application (RJE) No.1765/2024, showing the Applicants as the legal heirs of Deceased - Chandrakant Mishrilal Bafna. In this view of the matter and for the reasons mentioned in the Application, the Application is allowed in terms of prayer clause 'B', 'C' and 'C1'. Amendment be carried out within a period of two weeks. The amended copy be supplied to the Respondents.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 17/04/2025 20:01:30