Tukaram Bhau Kad Dec. Thr. Lrs. 1) Rangnath Tukaram Kad Dec.Thr. Lrs. v. The State Of Maharashtra (Through The Special Land Acquisition Officer, National Highway Project)
KVM 1/2 71 - IA 10189 OF 2025.doc Digitally signed by KANCHAN VINOD MAYEKAR Date:
2025.11.17 20:30:22 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10189 OF 2025 IN FIRST APPEAL NO. 537 OF 2017 TUKARAM BHAU KAD DECD. THR. HIS LEGAL HEIRS RANGNATH TUKARAM KAD & ORS.
..... APPLICANTS
IN THE MATTER OF
THE STATE OF MAHARASHTRA, THR. THE SPECIAL LAND ACQUISITION OFFICER, NASHIK ..... APPELLANT
VERSUS
TUKARAM BHAU KAD DECD. THR. HIS LEGAL HEIRS RANGNATH TUKARAM KAD & ORS.
..... RESPONDENTS Adv. Sachin Gite for the Applicants.
Mr. A.R.Patil, Addl. G.P. for the State.
CORAM : RAJESH S. PATIL, J.
DATE : 14 NOVEMBER, 2025 P.C. :- 1) This application has been filed to bring on record the legal heirs of the deceased respondent no.1.
2) Heard learned advocates for the parties.
3) The Counsel for the Applicants submits that there is a
KVM 2/2 71 - IA 10189 OF 2025.doc delay of 8 years 42 days in filing this Application. 4) The Counsel for Respondent opposes this Civil Application.
5) The Division Bench of this Court in Keshao s/o. Kawadu Maral and another Versus State of Maharashtra and others, reported in 2005 (1) MahLJ 1059, condoned the delay of six years in filing the Application of bringing the legals heirs on record, relying on the Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by LRS. and others Versus Pramod Gupta (Smt.) (dead) by LRS. and others, reported in 2003 (3) SCC 272.
6) Taking into consideration the above judgments and for the reasons stated in the application, this Interim Application is allowed in terms of prayer clauses (b) and (c).
7) Amendment to be carried out within a period of two weeks from today.
[RAJESH S. PATIL, J.]