Pandurang Bhagwat Deshmukh Died Thr Lrs Malati Died Thr Lrs Shamla Died Thr Lrs Girish And Oth v. State Of Maharashtra, Thrus Collector,Osmanabad.
916 FA NO. 212 OF 2010.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 916 FIRST APPEAL NO. 212 OF 2010 Murlidhar Dattatraya Deshmukh
VERSUS
The State Of Mah Through Collector At Osmanabad ...
Mr. Hajare Abhishek M., Advocate for Appellant Mr. S. G. Sangle, AGP for Respondents/State WITH FIRST APPEAL NO. 213 OF 2010WITH CIVIL APPLICATION NO. 1998 OF 2026 IN FA/212/2010WITH CIVIL APPLICATION NO. 3308 OF 2026 IN FA/1830/2012WITH FIRST APPEAL NO. 214 OF 2010 WITH CIVIL APPLICATION NO.3311 OF 2026 ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 18.03.2026 PER COURT :- CIVIL APPLICATION NO. 1998 OF 2026 CIVIL APPLICATION NO. 3308 OF 2026 CIVIL APPLICATION NO.3311 OF 2026 1.
Civil Application No.3311 of 2026 is not on board, upon being mentioned, taken on board.
2.
These are the applications for condonation of 2466, 275 & 1260 and 202 days delay respectively caused in filing the Civil Applications for bringing the legal representatives of deceased claimants on record as well as for setting aside abatement.
(( 2 )) 916 FA NO. 212 OF 2010 3.
Learned AGP for the respondent / State strongly opposed the applications and submitted that sufficient reasons are not given to allow the applications. He prayed to reject the applications. 4.
On perusal of the applications, it appears that the applicants are illiterate having no knowledge of legal proceedings. Considering the reasons stated in the applications and the law laid down by the Hon'ble Supreme Court in Civil Appeal No.8331-8345 of 2022 in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal heir & Anr. decided on 17.11.2022, the claimants are entitled to receive reasonable amount of compensation at par with other similarly situated landowners. Therefore, the delay deserves to be condoned in the interest of justice, as it is not deliberately caused. Hence, the following order:
::ORDER::
a.
The applications are allowed.
b.
The delay of 2466, 275 & 1260 and 202 days caused in filing the Civil Applications for bringing the legal representatives of deceased claimants on record is condoned.
c.
The abatement is set aside.
(( 3 )) 916 FA NO. 212 OF 2010 d.
The applicants are directed to amend the appeal memo by bringing the legal representatives of the deceased claimants on record on or before 30.03.2026. If the amendment is not carried within the stipulated period, the applicants in each application shall pay costs of Rs.2000/-.
e.
The Civil Applications are disposed of.
.
Stand over to 30.03.2026.
[ SANJAY A. DESHMUKH, J. ] HRJadhav