Shivrajappa Mallikarjun Hatte (Died) Through His Legal Heirs Jayashankar And Others. v. The State Of Maharashtra And ANR.
902 FA NO. 696 OF 2016.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 902 FIRST APPEAL NO. 696 OF 2016 Balaji Vishwanath Jadhav
VERSUS
The State Of Mah And Anr ...
Mr. Ram S. Shinde, Advocate for Appellant Mr. S. B. Jadhav, AGP for Respondent/State Mr. S. G. Sangle, Advocate for Acquiring Body WITH FIRST APPEAL NO. 21 OF 2011 WITH CIVIL APPLICATION NO. 3645 OF 2026 IN FA/1749/2014 WITH CIVIL APPLICATION NO. 6079 OF 2023 IN FA/21/2011 WITH CIVIL APPLICATION NO. 7973 OF 2022 IN FA/696/2016 WITH FIRST APPEAL NO. 1749 OF 2014 CORAM : SANJAY A. DESHMUKH, J.
DATE : 01.04.2026 PER COURT :- CIVIL APPLICATION NO. 6079 OF 2023 IN FA/21/2011 1.
Time to carry out amendment is extended till 08.04.2026.
CIVIL APPLICATION NO. 3645 OF 2026 IN FA/1749/2014 1.
Heard.
2.
This is an application for condonation of 628 days delay caused in filing the Civil Application for bringing the legal representatives of deceased appellant Shivrajappa Mallikarjun
(( 2 )) 902 FA NO. 696 OF 2016 Hatte on record as well as for setting aside abatement. 3.
Learned AGP for the respondent / State strongly opposed the application.
4.
Perused the application. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the application deserves to be allowed in the interest of justice. Hence, the following order:
::ORDER::
a.
The application is allowed.
b.
The delay of 628 caused in filing the Civil Application for bringing the legal representatives of deceased appellant on record is condoned.
c.
The abatement is set aside.
d.
The applicant is directed to amend the appeal memo by bringing the legal representatives of the deceased Shivrajappa Mallikarjun Hatte on record on or before 08.04.2026.
e.
The Civil Application is disposed of.
.
List First appeal No.696 of 2016 alongwith connected application therein on 08.04.2026, first on board. [ SANJAY A. DESHMUKH, J. ] HRJadhav