Bhaskar Narayanrao Makde (Dead) Thr. Lrs. Yogesh S/O Bhaskarrao Makde And Others v. The State Of Maharashtra Represented By The Collector, Yavatmal And Others

2023:BHC-NAG:12862 1 12-FA No.343.2011.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CA O ) NO. 195 OF 2022 IN CROSS OBJECTION (ST.) NO. 17290 OF 2019 IN FIRST APPEAL NO. 343 OF 2011 Maharashtra Industrial Development Corporation through its Regional Officer at M.I.D.C. area (Lohara), Yavatmal ..VS..

Bhaskar S/o Narayanrao Makde (Dead) through LRs. Yogesh S/o Bhaskarrao Makde and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Najeeb Sheikh, Advocate h/f. Mr. M.M. Agnihotri, Advocate for appellant.

Mr. A.B. Nakshane, Advocate for respondent Nos.1(A) to 1(D). Ms. T.H. Udeshi, AGP for respondent Nos.2 and 3. CORAM : G.A. SANAP, J.

DATED : 28 th AUGUST, 2023 Heard.

2.

This is an application seeking condonation of 2965 days delay caused in filing cross-objection and seeking permission to file cross-objection.

3.

The learned Advocate for the appellant submits that considering the facts stated in the application and the nature of the proceedings, the Court can pass an appropriate order.

4.

In this application, reasons have been stated for delay. The original respondent died on 15.09.2018. The appellants No.1(A) to 1(D) are the legal heirs of the

2 12-FA No.343.2011.odt deceased respondent No.1, they were brought on record in the appeal pursuant to order dated 11.02.2019. 5.

In the facts and circumstances, in my view, in order to meet the ends of justice, it would be just and proper to codone the delay caused in filing crossobjection. 6.

Accordingly, the application is allowed. The delay as prayed for is condoned.

7.

The applicant/respondent Nos.1(A) to 1(D) are allow to file cross-objection.

8.

The application is disposed of.

9.

The cross-objection be registered.

(G.A. SANAP, J.) Kirtak