Smt. Prajakta W/O. Pradeep Joshi And ANR. v. The State Of Maharashtra Through Collector Aurangabad And ANR.

904 FA NO. 839 OF 2003.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 904 FIRST APPEAL NO. 839 OF 2003 Bapurao Ramchandra Joshi

VERSUS

The State Of Maharashtra And Anr.

...

Mr. V. D. Sonwane, Advocate for Appellant Ms. Anuradha S. Mantri, AGP for Respondents/State ...

WITH CIVIL APPLICATION NO. 2671 OF 2026 IN FA/839/2003 Smt. Prajakta W/o. Pradeep Joshi And Anr.

VERSUS

The State Of Maharashtra Through Collector Aurangabad And Anr. ...

Mr. V. D. Sonawane, Ms. Ms. S. M. Kavale h/for Mr. A. V. Sonawane Ms. Anuradha S. Mantri, AGP for Respondents/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 07.03.2026 PER COURT :- CIVIL APPLICATION NO. 2671 OF 2026 IN FA/839/2003 1.

Heard.

2.

This is the application for condonation of 1377 days delay caused in filing the Civil Application for bringing the legal representatives of deceased appellant No.2 - Pradeep S/o Bapurao Joshi on record as well as for setting aside abatement.

(( 2 )) 904 FA NO. 839 OF 2003 3.

Learned Advocate for the applicants submits that the deceased Appellant No. 2 was a retired Principal District Judge and a Member of the State Consumer Forum. He died due to blood cancer. Applicant No. 1 is suffering from breast cancer and requires regular treatment. The applicants had no knowledge about the present proceedings. Therefore, the delay has occurred. 4.

Learned AGP for the State strongly opposed the application. 5.

Perused the application. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the application deserves to be allowed in the interest of justice. Hence, the following order:

::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 1377 caused in filing the Civil Application for bringing the legal representatives of deceased appellant No.2- Pradeep S/o Bapurao Joshi on record is condoned.

c.

The applicant is directed to amend the appeal memo by bringing the legal representatives of the deceased appellant on record within a period of one

(( 3 )) 904 FA NO. 839 OF 2003 week from today.

d.

The Civil Application is disposed of.

FIRST APPEAL .

Learned Advocate for the appellant submits that he is ready to appear on behalf of the legal representatives of the deceased appellant No.2 in the present appeal. He submits that he will file the vakalatnama on their behalf on the next date. 2.

List the First appeal for final hearing on 16.03.2026, first on board.

[ SANJAY A. DESHMUKH, J. ] HRJadhav