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Bombay High CourtCA/2121/2016admittedallowedgrantedrule absolute

Dadarao Shamrao Biradar Died Thr Lrs Kalavati Umakant Biradar v. The State Of Maharashtra

2016-02-23Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 2121 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 2121 OF 2016 IN FA/1480/2012 DADARAO SHAMRAO BIRADAR DIED THR LRS KALAVATI UMAKANTBIRADAR

VERSUS

THE STATE OF MAHARASHTRA -------- Shri. S.K. Adkine, Advocate, for applicant. Shri. C.V. Dharurkar, Assistant Government Pleader, for respondent.

-------- CORAM: T.V. NALAWADE, J.

DATE : 23rd FEBRUARY 2016 ORDER:

1) The application is filed by the legal representatives of the deceased appellant for setting aside abatement order, for condonation of delay and for permission to come on the record as the appellant. Notice is given to other side. Both the sides are heard. 2) In view of the contents of the application and the submissions made this Court holds that the application deserves to be allowed.

2 CA 2121 of 2016 3) In the result, the application is allowed. Delay is condoned. Abatement is set aside. Permission is granted to the applicant to come on record as legal representative of the appellant and prosecute the matter. Amendment is to be carried out in the main matter immediately. Sd/- (T.V. NALAWADE, J. ) rsl