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2025 DAILYLAW 18560 (BOM)

Bhausaheb Dattoba Palange Died Thr LRs Mandakini Bhausaheb Palange and ors v. The State of Maharashtra Thr Collector Osmanabad and ors

CA/6664/2025 · 2025-07-03

Shri Prafulla S Khubalkar

body2025

Judgment text

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1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 936 CIVIL APPLICATION NO. 6664 OF 2025 IN FAST/24947/2023 BHAUSAHEB DATTOBA PALANGE DIED THROUGH LRS MANDAKINI BHAUSAHEB PALANGE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AND OTHERS Mr.P.B.Rakhunde, Advocate for the applicants. Ms.R.R.Tandale, AGP for the respondent/State. Mr.P.R.Nagare, Advocate for respondent No.3. CORAM : PRAFULLA S.KHUBALKAR, J. DATE : 03.07.2025 PER COURT :- 1. This is an application for substituting names of legal representatives of Bhausaheb Dattoba Palange, who has expired on 28.12.2021. This application is filed by the legal representatives who are arrayed as applicant Nos.1-A to 1-F in this civil application. The learned Advocate for the applicants submits that there is delay of 1075 days in filing the instant application, which occurred since the legal representatives were not aware about the need to file the application immediately and the delay is unintentional. It is submitted that the application needs to be allowed, in the interest of Justice, since the cause of action survives and no intention can be attributed to them for the delay. khs/July 2025/6664 2025:BHC-AUG:17245 2 2. Mr.P.R.Nagare, the learned Advocate for respondent No.3 / Acquiring Body has no objection for substituting the names of legal representatives, by condoning the delay. 3. In view of this, the civil application is allowed. The delay of 1075 days is condoned. The legal representatives of deceased respondent No.1 are permitted to be substituted. Necessary amendment in appeal as well as pending civil applications be carried out within 2 weeks from today. ( PRAFULLA S. KHUBALKAR, J.) khs/July 2025/6664