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Bombay High CourtCA/4851/2020disposed off

Sakharam Deoji Adkine Deceased And ORS v. The State Of Maharashtra Thor. The Collector, Hingoli And ANR

2022-07-29Hon'Ble Shri Justice Bharat P. Deshpande2 pages

911-CA-4851-2020 IN SA-250-2011.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4851 OF 2020 IN SA/250/2011 SAKHARAM DEOJI ADKINE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS . . .

Advocate for Appellants : Mrs. Rekha Choudhari h/f. Mr. S. S. Choudhary APP for Respondent - State : Mrs. G. L. Deshpande Advocate for Respondent No.2 : Mr. S. P. Katneshwarkar . . .

CORAM : BHARAT P. DESHPANDE, J.

DATED : 29th JULY 2022 PER COURT :

Leave is granted to amend prayer clause (B).

2.

Amendment be carried out forthwith.

3.

This is an application for bringing legal heirs on record of deceased appellant no.1, who expired on 02-09-2019. 4.

There is a delay of 72 days in filing present application. 5.

Legal heirs are disclosed in para no.3, widow, sons and daughters. 6.

Learned counsel for applicants has already filed Vakalatnama on behalf of these legal representatives.

1/2

911-CA-4851-2020 IN SA-250-2011.odt 7.

Considering the reasons disclosed in para nos.4 and 5 of application, sufficient cause for delay, to set aside the abatement, if any, and to allow the said legal representatives brought on record. Hence the order:-

ORDER

(I) The application stands allowed.

(II) The delay of 72 days is hereby condoned and abatement, if any, stands set aside.

(III) Legal heirs of deceased appellant no.1 are permitted to be brought on record.

(IV) Amendment be carried out within a period of 14 days from today. (V) The application stands disposed off accordingly. ( BHARAT P. DESHPANDE, J.) Tandale/- 2/2