Bombay High Court

VITTHAL CHANGDEV RAYKAR DIED THR LRS RUKMINI V RAYKAR AND ORSversusSTATE OF MAHARASHTRA THR REVENUE AND FOREST DEPARTMENT AND OTHERS

Disposal: DISPOSED OFF

Holding

The application for condonation of delay and permission to bring the legal representatives of the deceased petitioner on record is allowed.

Summary

Petitioner No.8 died on 28-10-2024 and a civil application was filed to bring his legal representatives on record. Although the application was filed after a delay, the respondents did not oppose it. The court considered the pending petitions and the fact that other petitioners were also contesting the writ petition. It held that the delay could be condoned and permission granted to record the legal representatives. Consequently, the court ordered the amendment to be made before the next date and scheduled the writ petition for final hearing at the admission stage on 04-09-2026.

Issues considered

Whether the delay in filing the application to bring the legal representatives of the deceased petitioner on record can be condoned.
Whether the court can permit the legal representatives of the deceased petitioner to be brought on record despite the delay.

Subjects

condonation of delay
legal representatives
writ petition
civil application
admission stage

Judgment

                  IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                             BENCH AT AURANGABAD

                       965 WRIT PETITION NO. 4962 OF 2022

                          Jayshri Dattatraya Raykar And Others
                                          VERSUS
                          The State Of Maharashtra And Others
                                             ...
               Advocate for the Petitioner : Mr. Gangakhedkar Shailendra S
                       AGP for Respondents-State: Mr. S. G. Joshi
                 Advocate for Respondent No.5 : Ms. Dube Anjali Baijpai
                                             ...
                   WITH CIVIL APPLICATION NO. 6380 OF 2026
                                   IN WP/4962/2022
                                             ...
                            CORAM        : ROHIT W. JOSHI, J.
                            Dated      : August 25, 2026

PER COURT :-

Civil Application No. 6380 of 2026 :

1.         Petitioner No.8 has expired on 28/10/2024. This is an application

for bringing his legal representatives on record. Although there is a

delay in filing the application for bringing the legal representatives on

record, the contesting respondents have not filed any reply opposing

the application. Having regard to the fact that earlier petitions are

pending for admission, as also the fact that the other petitioners are

also contesting the petition, application for condonation of delay and

for permission to bring the legal representatives of deceased petitioner

No.8 on record is allowed.

2.         Amendment be carried out before the next date.

3.         Put up the Writ Petition for final hearing at the admission stage

on 04/09/2026.



                                                         ( ROHIT W. JOSHI, J. )
vj gawade/-.



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