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Bombay High CourtCAF/3176/2025allowed

Lalsing S/O Amaru Rathod v. The State Of Maha. Thr Collector, Yavatmal And Others

2025-09-10Hon'Ble Shri Justice Pravin S. Patil2 pages

1/2 1.caf.3176.2025 in fa.356.2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3176 OF 2025 WITH CIVIL APPLICTION (CAF) NO. 3177 OF 2025 IN FIRST APPEAL NO. 356 OF 2010 (Lalsing Amaru Rathod V/s The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vishwa Gadbaile, Advocate h/f Mr. K. S. Narwade, Advocate for Appellant.

Mr. Raunak Kurani, Advocate h/f Mr. A. B. Patil, Advocate for Respondent No.3.

Mr. M. A. Kadu, AGP for Respondent Nos.1 & 2. --------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : SEPTEMBER 10, 2025.

CIVIL APPLICATION (CAF) NO. 3176 OF 2025 .

By this Application, the Applicants are seeking condonation of 645 days delay in filing application for permission to bring on record the legal heirs of the deceased Appellant. 2.

Considering the nature of grievance raised in the present Appeal, right to sue is survived in the matter, and therefore, accompanying application has been filed for bringing legal heirs on record. So also the reasons stated in the application are not controverted, and therefore, the present Application is allowed.

2/2 1.caf.3176.2025 in fa.356.2010.odt 3.

Delay of 645 days in filing application is hereby condoned.

CIVIL APPLICATION (CAF) NO. 3177 OF 2025 .

As a right of sue is survived in favour of the legal heirs and the fact that Appellant is expired during the pendency of present Appeal, Civil Application is allowed. 2.

Necessary amendment in cause-title of the Appeal be carried out within a period of one week from today. [PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 12/09/2025 15:48:07