The State Of Maharashtra Through The Special Land Acquisition Officer v. Ramrao Patilbuva Purkar
2025:BHC-AS:23057 10 FAST 15554 OF 2010.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1766 OF 2025 IN FIRST APPEAL (ST) NO.15554 OF 2010 The State of Maharashtra through the Special Land Acquisition Officer and Anr.
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Applicants versus Ramrao Patilbuv Purkar (deceased) and Ors.
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Respondent WITH CIVIL APPLICATION NO.209 OF 2021 WITH CIVIL APPLICATION NO.210 OF 2021 Mr. Mayur Sonawane, for Appellants-State.
CORAM: N.J.JAMADAR, J.
DATE :
11 JUNE 2025 P.C.
1.
Heard the learned AGP for the Appellant-State. 2.
This is an application to bring the legal representatives of the deceased Respondent.
3.
Office report indicates that the notice has been duly served on Respondent Nos.1.1 to 1.5. None appears for the proposed Respondents - legal representatives of the deceased Respondent. From the perusal of the record, it appears that the fact that the sole Respondent has passed away came to light upon a report of Bailiff dated 14 February 2024 that, the Respondent is dead. Thereupon, the applicant - State has taken steps to SSP 1/2
10 FAST 15554 OF 2010.doc collect the documents and file an application. 4.
In paragraph Nos.3 to 5 of the application, the applicant has ascribed justifiable reasons for condonation of delay in taking out the application to bring the legal representatives of the deceased Respondent. 5.
The averments in the application have also gone uncontroverted. Therefore, to advance the cause of substantive justice, I am inclined to allow the application.
6.
The application stands allowed in terms of prayer clauses (b) to (d). 7.
Delay in preferring the application stands condoned. 8.
The applicants are permitted to bring the legal representatives of the deceased Respondent on record.
9.
Necessary amendment be carried out within a period of three weeks. 10.
Interim application stands disposed.
Civil Application No.209 of 2021 11.
Issue notice to the newly impleaded Respondents - legal representatives of the deceased Respondent, returnable on 5 August 2025. 12.
In addition to notice through Court, the Appellants are at liberty to serve the Respondents by private service and file an affidavit of service. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 12/06/2025 12:23:03