TUKYA KUTRYA BHIL (DIED) THR LRS. NANIBAI TUKYA BHIL (VASAVE) AND OTHERS v. THE STATE OF MAHARASHTRA AND ORS
CA/7943/2022 · 2026-02-17
Shri Sanjay A Deshmukh
body2022
DailyLaw.ai
[ 2022 DAILYLAW 2908 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 2908 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
912 CA NO. 7940 OF 2022.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 7940 OF 2022 IN FA/942/2003 Tukya Kutrya Bhil (died) Thr Lrs. Nanibai Tukya Bhil (vasave) And Others VERSUS The State Of Maharashtra And Ors ... Mr. D.M. Pingale, Advocate for Applicant Mr. V. V. Jahagirdar, AGP for Respondents/State AND CIVIL APPLICATION NO. 7943 OF 2022 IN FA/942/2003 Tukya Kutrya Bhil (died) Thr Lrs. Nanibai Tukya Bhil (vasave) And Others VERSUS The State Of Maharashtra And Ors … Mr. D.M. Pingale, Advocate for Applicant Mr. V. V. Jahagirdar, AGP for Respondents/State AND CIVIL APPLICATION NO. 7941 OF 2022 IN FA/942/2003 Tukya Kutrya Bhil (died) Thr Lrs. Nanibai Tukya Bhil (vasave) And Others VERSUS The State Of Maharashtra And Ors … Mr. D.M. Pingale, Advocate for Applicant Mr. V. V. Jahagirdar, AGP for Respondents/State AND CIVIL APPLICATION NO. 7942 OF 2022 IN FA/942/2003 Tukya Kutrya Bhil (died) Thr Lrs. Nanibai Tukya Bhil (vasave) And Others VERSUS The State Of Maharashtra And Ors 1 of 3
(( 2 )) 912 CA NO. 7940 OF 2022 … Mr. D.M. Pingale, Advocate for Applicant Mr. V. V. Jahagirdar, AGP for Respondents/State …. CORAM : SANJAY A. DESHMUKH, J.
DATE : 17.02.2026 PER COURT :-
1. Heard. 2. These are the applications for condonation of 918, 7182, 7598 and 4716 days delay respectively caused in filing the Civil Applications for bringing the legal representatives of deceased appellants on record as well as for setting aside abatement. 3. Learned AGP for respondent-State strongly opposed the applications. 4. Perused the applications. For the reasons stated therein and considering 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, 2 of 3
(( 3 )) 912 CA NO. 7940 OF 2022 as it is not deliberately caused. Hence, the following order: ::ORDER:: a. The applications are allowed by setting aside the abatement.
b. The delay of 918, 7182, 7598 and 4716 days respectively caused in filing the Civil Applications for bringing the legal representatives of deceased Appellants on record is condoned. c. The applicants are directed to amend the appeal memo by bringing the legal representatives of the deceased appellants on record on or before
23.02.2026. d. The Civil Applications are disposed of. . List the appeal on 23.02.2026 at 02:30 P.M.
[ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3