NANA KISAN JADHAV THROUGH LRS ANUSAYABAI NANA JADHAV AND OTHERS v. THE STATE OF MAHARASHTRA AND OTHERS
CA/1448/2025 · 2025-03-04
Smt Manjusha Ajay Deshpande
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7249 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7249 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
902 CA NO.1448.2025 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 1448 OF 2025 IN WP/8365/2020 NANA KISAN JADHAV THROUGH LRS ANUSAYABAI NANA JADHAV AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for Applicants : Mr. N. L. Jadhav AGP for Respondents-State : Ms. Deepali Jape (In WP) Advocate for Respondents No. 11 to 13 : Mr. D. R. Markad Advocate for Respondents No. 2/A-1 to 2/A-3 : Mr. S. S. Kulkarni … CORAM : MANJUSHA DESHPANDE, J. Dated : March 4, 2025 PER COURT :-
1. Present civil application has been filed by the applicants for bringing the legal representatives of deceased respondent No. 4 on record. 2. According to the learned Advocate for applicants, the Advocate for respondent informed him by communication dated 13.01.2025 about the death of respondent No. 4 on 01.03.2023. Therefore, they could get the knowledge about death of respondent No. 4 only after communication received from respondent. Though it was necessary to bring legal representatives of deceased respondent 2025:BHC-AUG:6152
902 CA NO.1448.2025 -2- No. 4 on record within 90 days, but due to lack of knowledge, they could not bring the legal heirs of deceased respondent No. 4 on record within stipulated time. The applicants submit that the delay is inadvertent and unintentional. When they have received the knowledge about the death of respondent No. 4, they have immediately filed present civil application. Therefore, the delay of 603 days deserves to be condoned. 3. Learned Advocate appearing for respondent No. 4 informs that he has instructions to appear on behalf of legal heirs of deceased respondent No. 4 and he waives notice for proposed legal heirs. 4. Learned Advocate for petitioner submits that respondent No. 9 has expired and he is not survived by any legal heir. Therefore, he undertakes to file pursis to that effect. 5. So far as other respondents are concerned, all the respondents are represented by their respective Advocates who waives notice. 6. In view of the above, the delay occurred in filing the present civil application is hereby condoned and the applicants are permitted to bring the legal representatives of deceased respondent
902 CA NO.1448.2025 -3- No. 4 on record. 5. Civil application is allowed in terms of prayer Clause ‘B’ and ‘C’. Applicants to carry out necessary amendment within period of two weeks. 6.
Place original writ petitions after three weeks. (MANJUSHA DESHPANDE, J.) Omkar Joshi