Shamrao Jalbarao Mhaske Died Thr Lrs Darubai Shamrao Maske And ORS v. State Of Mah.Thru Collector,Hingoli And ANR

{1} ca4349.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4349 OF 2023 WITH CIVIL APPLICATION NO. 2109 OF 2023 IN FIRST APPEAL ST. NO. 3917 OF 1998 Shamrao Jalbarao Mhaske (died) through L.Rs.

Applicants

Versus

The State of Maharashtra & another Respondents Mr. S. V. Mundhe, advocate for the Applicants Mr. S. W. Munde, AGP for Respondents CORAM : SANDIPKUMAR C. MORE, J.

DATE : 25th April, 2023.

PC :

Heard rival submissions.

The applicants are seeking to set aside of the order dated 03.11.1998 whereby registration of their frst appeal was refused for non removal of offce objections. There is also huge delay in fling this application and in the meantime, the appeal memo and annexures are also destroyed. The learned Counsel for the applicants undertakes to reconstruct the same and to remove all the offce objections within six weeks. In view of the same, order dated 03.11.1998 stands

{2} ca4349.23.odt set aside and the appeal, after reconstruction, is restored for removal of all the offce objections within six weeks, subject to cost of Rs.10000/- (Rs. Ten thousand) to be paid to the Bar Library of Advocates' Association of Bombay High Court at Aurangabad.

After payment of cost and removing all the offce objections, the applicants are permitted to bring themselves on record, being the legal representatives of original appellant - Shamrao Jalbarao Mhaske, who admittedly died on 21.12.2018.

Both the Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb