Ashok Dharamdas Lachure v. The State Of Maharashtra Through The Collector, Yavatmal And Others
2023:BHC-NAG:12700 1 956.caf.2490.2023+1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.
OF 20 A ND CIVIL APPLICATION (CAF) NO.
2 4 91 OF 20 IN FIRST APPEAL (St.). NO. 477 OF 2021 Ashok Dharmadas Lachure VS.
The State of Maharashtra and others.
_______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr V. N. Patre, Advocate for the applicant Nos. 1(a) and 1(b) Mr M. A. Kadu, AGP for the State CORAM :
G.A. SANAP, J.
DATE :
AUGUST 25, 2023.
Heard the learned Advocate for the applicant Nos.1(a) and 1(b).
2.
The applicant No.1(a) and 1(b) are the legal heirs of deceased appellant -Ashok Dharamdas Lachure. The appellant died on 28.07.2021. It is stated that for the reasons stated in the application, the legal heirs of appellant could not be brought on record within limitation. It is also stated that for the reasons stated in the application, the application for setting aside the abatement cannot be made within period of 60 days from the date of abatement. There
2 956.caf.2490.2023+1 is a delay of 10 days in making an application for setting aside the abatement.
3.
On going through the applications I am satisfied that the reasons are probable and acceptable. Accordingly, the applications are allowed.
4.
The delay caused in filing the application for bringing the legal heirs of appellant on record and for setting aside the abatement is condoned.
5.
The applications for bringing the legal heirs of appellant on record and for setting aside the abatement order is allowed.
6.
The abatement of the appeal is set aside.
7.
The applicant Nos.1(a) and 1(b) are allowed to be brought on record being the legal heirs of deceased appellant.
8.
The amendment be carried out in a delay application as well as in Appeal memo within one week. 9.
Both applications stand disposed of, accordingly. (G. A. SANAP, J.) Namrata