The State Of Maharashtra v. Vishnu Pandurang Pawar

20-ASCAF-4082-2006 WITH ASCAF-4-2024.DOC Gitalaxmi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4082 OF 2006 WITH CIVIL APPLICATION NO. 4 OF 2024 IN FIRST APPEAL (ST) NO. 25342 OF 2000 The State of Maharashtra ...Applicant/ Appellant

Versus

Vishnu Pandurang Pawar

...Respondent

Ms. Tanaya Goswami, AGP, for the Applicant/Appellant-State. None present for the Respondent.

CORAM

Dr. Neela Gokhale, J.

DATED:

11th January 2024 PC:- 1.

The application seeks setting aside the order of abatement of First Appeal for the reason that the Applicant/Appellant had failed to bring on record the legal heirs of the deceased-Respondent as a party within the period of limitation. There is also a prayer to condone the delay in filing the application for bringing on record the legal heirs of the deceased-Respondent. There is a delay of 167 days in making said application. From the averments in the application, 11th January 2024

20-ASCAF-4082-2006 WITH ASCAF-4-2024.DOC it appears that the amount of compensation granted to the Respondent is only Rs. 37,000/-. The said compensation amount has been challenged by the Applicant/Appellant in the First Appeal. 2.

There is no justifiable ground made out in the application by the Applicant/Appellant to condone the delay. 3.

In view of the foregoing, the applications stand disposed as dismissed.

4.

First Appeal (Stamp) No. 25342 of 2000 remains abated. (Dr. Neela Gokhale, J.) GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.01.12 14:03:33 +0545 11th January 2024