Bombay High CourtCAS/196/2019admittedallwdgrantedrule absolute

Dharmaji S/O Bhikaji Satpute v. The State Of Maharashtra Through Collector, Chandrapur And Others

2019-02-25Hon'Ble Mrs. Justice Swapna Joshi2 pages

25.02.cas.196.19+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (S) NOS. 196 AND 195 BOTH OF 2019 IN SECOND APPEAL NO. 573/2017 (Dharmaji s/o Bhikaji Satpute vs. The State of Maharashtra and others ) ...........................

............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Ms. Surabhi Kaplay, Adv.h./for Mr Rohit Joshi, Adv. for appellant/applicant Ms.H.N.Jaipurkar, AGP for Res. No1-State and Res.No.2 Mr.A.V. Neware, Adv. for Res.Nos. 3A , 3B (i) to (iv) 5,6 and 7 CORAM : MRS.SWAPNA JOSHI, J.

DATED : 25th February, 2019.

C.A. NO.196/2019 This is an application praying for recalling of the order dated 24.07.2018 and directing to strike off the name of the respondent no.4 from the array of respondents. The learned Advocate for applicant submits that since the appellant/applicant was not aware about the names of legal heirs of respondent no.4 the order for striking off the names of respondent no.4 from the array of respondents was passed by this Court. She further submitted that she had already filed an application requesting the other respondents to give the details of the legal heirs of respondent no.4.

For the reasons mentioned in the Application, the Civil Application is allowed in terms of its prayer and disposed of. C.A. NO.195/2019 This is an application under O.22 R.11 r/with Rule 3 of the CPC, for bringing the legal heirs of deceased appellant on

25.02.cas.196.19+ record. It is submitted that the applicant expired on 8.1.2019. It is requested that the legal heirs of deceased-appellant may be permitted to be brought on record.

For the reasons mentioned in the Application, the Civil Application is allowed. Ms.Jaipurkar waives notice for respondent nos.1 and 2. Mr. A.V. Neware, learned Advocate waives notice for 3A, 3B and 4,5.7.

JUDGE sahare