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Bombay High CourtIA/1158/2022disposed off

Chahubai Hasha Bhagat (Deceased) Thr. 1.1) Ganesh Hasha Bhagat v. The State Of Maharashtra (Thr. The Special Land Acquisition Officer Metro Centre No.3 )

2022-03-07Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1158 OF 2022 (for bringing legal representatives of deceased appellant no.2 on record) IN FIRST APPEAL NO. 1891 OF 2008 in L.A.R. NO. 494 OF 2000 CHAHUBAI HASHA BHAGAT (DECEASED) THR. 1.1.) GANESH HASHA BHAGAT AND ORS.

} APPLICANTS

IN THE MATTER BETWEEN :

RAMUBAI WALKU KENI (DECEASED)

1. PADUBAI WAMAN PATIL (SINCE DECEASED) THROUGH HER LEGAL REPRESENTATIVES 1/1 YASHWANT WAMAN PATIL

2. CHAHUBAI HASHA BHAGAT } APPELLANTS (ORIG. CLAIMANTS) V/S.

THE STATE OF MAHARASHTRA (THR. THE SPECIAL LAND ACQUISITION OFFICER), METRO CENTRE NO.3.& ANR.

} RESPONDENTS

2/3 * * * * Mr. Sachin S. Punde, Advocate for the applicants. Mr. A.R. Patil, AGP for State.

Coram : Sandeep K. Shinde, J.

Monday, 7th March, 2022.

P.C. :

1) Pending Appeal, appellant no.2-Chahubai Bhagat, passed away on 7th May, 2015. Applicants seek to bring her legal heirs and representatives on record. 2) For the reasons stated in the application, the delay caused in preferring the application is condoned. In consequence, the order abating the Appeal against appellant no.2 is set aside. The application is allowed in terms of prayer clauses (A), (B) and (C) which read as under :

A] This Honourable High Court be pleased to condone the delay in preferring the present Interim Application. B] This Honourable High Court be pleased to set aside the abatement of First Appeal as against Appellant no.2.

3/3 C] This Honourable High Court be pleased to permit the Applicants to amend the title of the First Appeal thereby bringing the names of Applicants as Legal representatives of Appellant no.2 on the records of the First Appeal. 3) Consequential amendments to be carried out within three weeks from today.

4) Application is disposed of.

NEETA SHAILESH SAWANT (Sandeep K. Shinde, J.) NEETA SHAILESH SAWANT Date: 2022.03.07 18:38:41 +0530