The State Of Mah. v. Mehtabbi Deceased Rasid Bashir Pathan Dead Th Lrs Chand Rasid Pathan Dead Lrs Nurjaha Pathan ORS

-:(1):- 15861 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 15861 OF 2010 IN RC/503/2008 THE STATE OF MAHARASHTRA

VERSUS

MEHTABBI DECEASED RASID BASHIR PATHAN DEAD TH LRS CHAND RASID PATHAN DEAD LRS NU ...

AGP for Applicant : Mr. V. H. Dighe.

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

DATED: 20th NOVEMBER, 2015.

PER COURT:

1.

The application is filed for condonation of delay of 2739 days caused in filing civil application to bring legal representatives of sole respondent on record and setting aside abatement of the appeal due to death of sole respondent. Notice is already served on the proposal legal representatives and some Advocates have filed appearance.

Today nobody is present for the Respondents. Though there is a huge delay, in view of the fact that the Government had no information about

-:(2):- 15861 the death and there is no question of compliance of Order 22 Rule 10A of the Code of Civil Procedure, this Court holds that there is sufficient cause.

2.

In the result, the application is allowed. Delay is condoned. Abatement, due to death of sole respondent, is also set aside.

[T.V. NALAWADE, J.] Dt.20/11/2015 ans/15861