Makhram S/O Jairam Rathod v. State Of Maha. Thr. Special Land Acquisition Officer, Minor Irrigation Project, Buldhana And ANR.

1 44.caf.77.2023.76.2023

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NOS. 76 AND 77 OF 2023 IN FIRST APPEAL NO.111 OF 2020 (D) Makhram s/o Jairam Rathod ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.R. Gadhia, Advocate for the applicants. Ms M.R. Kavimandal, AGP for the State.

CORAM: SANDIPKUMAR C. MORE, J.

DATE : 09/01/2025.

Heard the rival submissions.

2.

The applications are filed for bringing the legal representatives of sole appellant on record and for setting aside the abatement.

3.

The appellant Makhram Rathod has died on 10.09.2021 as per the copy of the Death Certificate attached. There appears the delay of 95 days in bringing the legal representatives of the appellant on record. 4.

In view of the statutory right of the legal representatives of the deceased appellant, both the applications are allowed. The delay of 95 days stands condoned and the legal representatives of deceased appellant Makhram Jairam Rathod as mentioned in paragraph 4 of the applications, be brought on record within the stipulated period.

5.

Amendment be carried out accordingly.

6.

Both the applications stand disposed of accordingly.

(SANDIPKUMAR C. MORE , J.

) Trupti