Pandharinath Ramrao Nalawade Died Thr Lrs Thr Gpa Suhas Pandarinath Nalawade And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CA/4580/2016 and CA/4581/2016 IN FIRST APPEAL NO.176 OF 2006 WITH FA/176/2006 WITH FA/177/2006 WITH FA/179/2006 PANDHARINATH RAMRAO NALAWADE

VERSUS

STATE OF MAH & ANR ...

Mr. GS Patil, Adv. For applicants/appellant;

Mr. KM Lokhande, AGP for Respondents: 1 & 2.

...

CORAM : P.R. BORA, J.

Dated: August 05, 2016 ...

PER COURT :- 1) Heard.

Learned Counsel for the applicant/appellant submitted that during pendency of the present appeal, appellant - Pandharinath expired, but the said information was not provided to him and such information was received to him only when the present appeal was listed for final hearing. The learned Counsel submits that the moment this fact was made known to the counsel who was appearing for the original appellant, the applications have been moved. The learned Counsel BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD has, therefore, prayed for allowing both the applications, one is for condonation of delay, which has occurred in filing the application for bringing the legal heirs of deceased appellant on record and the other for taking the legal heirs of deceased appellant on record.

2) The learned AGP has submitted for passing appropriate orders.

3) In view of the submissions so made, legal heirs of deceased appellant, as are mentioned in the application, be taken on record. Delay caused in filing the applications stands condoned. Abatement, if any, set aside. Amendment be carried out within two weeks. Both the civil applications stand disposed of.

4) Place the appeals for final hearing after three weeks.

( P.R. BORA, J. ) ...

BDV