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Bombay High CourtIA/3630/2025disposed off

Santu Dada Barkale Since Deceased Thr. Lrs. 1.1 Manjulabai Santu Barkale And ORS. v. The State Of Maharashtra

2025-05-06Hon'Ble Justice Sharmila U. Deshmukh2 pages

16-IA 3630-25 IN FA-.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION JYOTI RAJESH MANE by JYOTI RAJESH MANE Date: 2025.05.08 20:28:01 +0530 INTERIM APPLICATION NO. 3630 OF 2025.

IN FIRST APPEAL(ST) NO. 1424 OF 1999 Santu Dada Barkale Since Deceased Thr. Lrs. 1.1 Manjulabai Santu Barkale And Ors.

...Applicants.

IN THE MATTER BETWEEN

Santu Dada Barkale ...Appellants

Versus

The State Of Maharashtra Thr. The Special Land Acquisition Officer

...Respondent.

------ Ms. Bhavana Khemani i/b. Anil Ahuja, for the Applicants. Mr. A.R. Patil, AGP for the State.

------ Coram : Sharmila U. Deshmukh, J.

Date : May 6 , 2025.

P. C. :

1.

Interim Application has been preferred for bringing on record the legal heirs of the deceased sole Appellant and for condonation of delay of 4 years 9 months caused in filing the Appeal and for setting aside abatement.

2.

Mr. Patil, learned AGP does not seriously oppose as the proceedings arise out of Land Acquisition Proceedings and the Appellant had expired during the pendency of the First Appeal, which of the year 1999.

Mane 1 of

16-IA 3630-25 IN FA-.doc 3.

For the reasons stated in the Application, the delay of 4 years 9 months is condoned and the abatement is set aside. 4.

Interim Application is allowed.

5.

Amendment to be carried out within a period of 6 weeks. [Sharmila U. Deshmukh, J.] Mane 2 of