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Bombay High CourtCA/12916/2019disposed offdismissed for default

Nana Gopala Shete Thr. Gpa Haribhau Nana Shete v. The State Of Mah And ANR

2019-11-07Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 18 ca 12916.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO. 12916 OF 2019 IN FA/2376/2012 WITH FA/1961/2017 NANA GOPALA SHETE THR. GPA HARIBHAU NANA SHETE

VERSUS

THE STATE OF MAH AND ANR ...

Advocate for Applicant : Mr. P.R. Nangare AGP for Respondents/State : Mr. R.B. Bagul ...

CORAM : MANGESH S. PATIL, J.

DATE : 07.11.2019 P.C. :- This Civil Application has been filed by the sole legal representative of the appellant who has died during the pendency of the appeal. Since there has been a delay even a prayer has been made for condoning it.

2.

The learned A.G.P. submits that even the State has preferred appeal against the same judgment and award bearing First Appeal No. 1961 of 2017 and the applicant can be brought on record as a legal representative of the respondent therein.

3.

Having heard both the sides and having gone through the

( 2 ) 18 ca 12916.19 application and the contents thereof, the application is allowed. The delay is condoned. The applicant is allowed to be brought on record as a legal representative of the deceased appellant. Necessary amendment be carried out forthwith.

4.

Simultaneously, with the consent of the learned advocate for the legal representative of the original appellant, the legal representative of the original appellant is allowed to be brought on record in First Appeal No.1961 of 2017. Amendment be carried out even in that appeal. Stand over to 05.12.2019.

[MANGESH S. PATIL, J.] mub