State Of Maharashtra v. Devram Gangaram Patil And ANR

243.01sa (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.243 OF 2001 The State of Maharashtra ..APPELLANT

VERSUS

1.

Devram Gangaram Patil, Age: 47, Occ: Agri., R/o. Dabhashi, Tq. Shindkheda, District Dhule.

(Abated vide Court's order DTD. 16/09/15) 2.

Devakabai w/o Ramdas Koli, Died Through L.Rs.

2A.

Lilabai Devidas Koli, Age: 65 years, R/o. Dabhashi, Tq. Shindkheda, Dist. Dhule.

2B.

Ranubai Santosh Koli, Age: 48 years, R/o. As above.

..RESPONDENTS Mrs Vaishali Patil-Jadhav, A.G.P. Advocate for appellant;

CORAM : N.W. SAMBRE, J.

DATE : 3rd AUGUST, 2017 ORAL ORDER :

Registrar (Judicial) passed order on 16th September, 2016 order abatement of present appeal

243.01sa (2) against respondent No.1-original plaintiff, in whose favour, decree was passed by the appellate Court.

2.

As no steps are taken for bringing legal heirs of respondent No.1 on record by the appellant, in my opinion, the appeal abates as a whole. As such, appeal is dismissed as abated. 3.

This would not preclude the appellantState from filing application for setting aside abatement, bringing legal heirs and condonation of delay.

(N.W. SAMBRE, J.) Tupe