← Library
Bombay High CourtIA/12787/2025disposed off

Yashwant Trimbak Patil @ Chitte Deceased Thr Lrs.And ORS. v. The State Of Maharashtra (Through The Special Land Acquisition Officer, National Highway Project)

2025-11-14Hon'Ble Shri Justice Rajesh S. Patil2 pages

KVM 1/2 73 - IA 12787 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. 12787 OF 2025 IN FIRST APPEAL NO. 539 OF 2017 YASHWANT TRYMBAK PATIL @ CHITTE DECEASED THR. HIS LEGAL HEIRS VIJAY YASHWANT PATIL @ CHITTE DECEASED THR. HIS LEGAL HEIRS SULOCHANA VIJAY PATIL @ CHITTE & ORS.

..... APPLICANTS

IN THE MATTER OF

THE STATE OF MAHARASHTRA, THR. THE SPECIAL LAND ACQUISITION OFFICER, NASHIK ..... APPELLANT

VERSUS

YASHWANT TRYMBAK PATIL @ CHITTE DECEASED THR. HIS LEGAL HEIRS & 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.

KVM 2/2 73 - IA 12787 OF 2025.doc 3) The Counsel for the Applicants submits that there is a delay of 1 year 79 days in filing this Application. 4) The Counsel for Respondents opposes this Interim 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.]