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Bombay High CourtIA/7476/2025allowed

Mr. Keru Raoji Jadhav (Since Deceased Thr. His Lrs.) And ORS. v. The State Of Maharashtra Thr. The Special Land Acquisition Officer

2025-04-21Hon'Ble Justice Sharmila U. Deshmukh2 pages

120 Ia-7476-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7476 OF 2025 IN FIRST APPEAL (St.) NO. 1371 OF 1999 Keru Raoji Jadhav (since deceased, through LRs) ...Applicants In the matter between :

Keru Raoji Jadhav and Others ...Appellants

Versus

The State of Maharashtra

...Respondent

------ Ms. Bhavna Khemani for Applicants.

Mr. A. R. Patil, AGP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : 21st April, 2025.

P. C. :

1.

Interim Application has been preferred for bringing on record the legal heirs of Applicant No. 1B and for condonation of delay of 4 years and 274 days caused in preferring the present Application and for setting aside the abatement.

2.

Mr. Patil, learned AGP does not seriously oppose the Application. 3.

The First Appeal was filed in the year 1999 and was dismissed for non-compliance of conditional order dated 4th February, 2004 and then ultimately restored by order of 2nd October, 2013. During the Sairaj 1 of

120 Ia-7476-2025.doc pendency of Appeal, the Applicant No. 1B had expired and as such, the legal heirs were unaware of procedure and could not contact their Advocate for being impleaded in the proceedings as Party. 4.

The Application sets out sufficient explanation for condoning the delay of 4 years and 274 days and the same stands condoned. 5.

Interim Application is allowed. Amendment to be carried out within a period of four weeks from today.

[Sharmila U. Deshmukh, J.] Sairaj 2 of