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Bombay High CourtIA/7899/2025allowed

Pandharinath Dagdu Barkale -Deceased Through Lrs. ORS. v. The State Of Maharashtra Thr. The Special Land Acquisition Officer

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

17-IA 7899-25 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 20:28:00 +0530 INTERIM APPLICATION NO. 7899 OF 2025.

IN FIRST APPEAL(ST) NO. 1431 OF 1999 Pandharinath Dagdu Barkale -Deceased Through Lrs.(Separate Ia Filed For Legal Heirs) Ors.

...Applicants.

IN THE MATTER BETWEEN

Pandharinath Dagdu Barkale And Ors.

...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 Appellant No.3C and for condonation of delay of 3 years and 180 days 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 No.3C had expired during the pendency of the First Appeal, which of the year 1999.

Mane 1 of

17-IA 7899-25 IN FA-.doc 3.

For the reasons stated in the Application, the delay of 3 years and 180 days 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