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Bombay High CourtCA/13950/2017admittedallowedgrantedrule absolute

The State Of Mah Thr Collector And ORS v. Ramdas Totaram Pardhi (Died) Thr Lrs Anjanabai And ORS

2017-11-22Hon'Ble Shri Justice K. K. Sonawane1 pages

{1} 910 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 13950 OF 2017 IN FAST/9181/2012 WITH CA/5291/2012 IN FAST/9181/2012 WITH CA/5292/2012 IN FAST/9181/2012 THE STATE OF MAH THR COLLECTOR AND ORS

VERSUS

RAMDAS TOTARAM PARDHI (DIED) THR LRS ANJANABAI AND ORS ...

AGP for Applicants : Mr. A.M. Phule CORAM : K.K. SONAWANE, J.

DATE : 22nd November, 2017.

PER COURT:

1] Heard learned AGP for the appellant/State of Maharashtra. 2] He submits that the sole respondent Ramdas Totaram Pardhi died on 12.2.2015. The applicant is intending to bring his LRS on record. Therefore, he requested to condone the delay and set aside and allow the applicant State to bring LRs of deceased sole respondent on record. 3] In view of nature of subject matter and for the reasons mentioned in the application, there is no impediment to allow the application. For the reasons stated in the application, the application is allowed in terms of prayer clause (B) and (C). The abatement of the proceeding following death of sole respondent is quashed and set aside The applicants are permitted to bring on record LRs of deceased sole respondent. The delay caused in filing the civil application for taking LRs on record is hereby condoned. Necessary amendment be carried out within a period of two weeks.

4] The application is disposed of accordingly.

[K.K. SONAWANE] JUDGE.

grt/-