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Bombay High CourtCA/2806/2018admittedallowedgrantedrule absolute

Subhash Ramchandra Kadam Since Dead Thr Lrs Anusayabai (Died) Thr Lrs Anil And ANR v. The State Of Maharashtra And ANR

2018-02-27Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

CA-2806-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2806 OF 2018 IN FIRST APPEAL NO. 2884 OF 2017 Subhash Ramchandra Kadam, deceased, through legal representatives :- Anusayabai Subhash Kadam (died) represented through respondents no. 2 and 3 .. Applicants vs The State of Maharashtra and ors.

.. Respondents --- Mr. P. S. Chavan, Advocate for applicants Mr. A. M. Phule, Asstt. Govt. Pleader for respondents CORAM :

SUNIL P. DESHMUKH, J.

DATE :

27th February, 2018 ORDER :

1.

Heard.

2.

This is an application by claimant-respondent no. 1 in first appeal seeking condonation of delay in filing civil application for taking legal representatives of deceased claimant Anusayabai on record of first appeal and setting aside abatement order therein for the reasons stated in the application, particularly in paragraphs no. 6 of the same.

CA-2806-18.doc 3.

Learned Assistant Government Pleader has no particular objection to grant the prayer.

4.

Having regard to reasons given in the application, I deem it appropriate to grant the prayers in civil application seeking condonation of delay, setting aside abatement and bringing legal heirs of deceased respondent no. 1 on record of first appeal.

5.

Civil application, as such, is allowed in terms of prayer clause (B) and (C) and is disposed of.

6.

Appellants to cause amendments to title clause of appeal in two weeks.

SUNIL P. DESHMUKH, JUDGE pnd/-