Nitin Vijay Shere (Dead) Through Lrs. Vijay S/O Domaji Shere v. The State Of Maharashtra Through Its Secretary, Revenue Department, Mumbai And Others

1 FA-415-2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.395 OF 2022 IN FIRST APPEAL NO.

OF 2006 [Nitin Vijay Shere (Dead) .Vrs. The State of Maharashtra and Ors.] ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri. I. M. Ghongade, Advocate for Applicant Shri. A. M. Kadukar, AGP for the Respondent Nos.1 to 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 22 nd FEBRUARY , 2022.

By order dated 16.02.2022, with consent, Ms. A. S. Athalye, Advocate was appointed as Commissioner to record additional evidence of the Appellant/Applicant to prove the comparability of the sale-deed dated 09.03.1995 (Exhibit-X). 2.

Shri. I. M. Ghongade, learned Counsel for Applicant states that after filing of affidavit on 17.02.2022, the minor son of Applicant No.1(a) has expired. He submits that the Applicant No.1(a) is suffering from health issues and is not able to travel to Nagpur for recording his additional evidence. He therefore prays that the Reference Court be directed to record additional evidence of the Applicant No.1(a). The Applicant has placed on record copy of the Medical Certificate.

3.

In view of the reasons stated in Para Nos.5 and 6 of the application, the order dated 16.02.2022 stands modified. Learned Advocate Ms. A. S. Athalye, who was appointed as Commissioner to record additional evidence of the Applicant, stands discharged. In terms of Rule 28 of Order XLI of the Civil Procedure Code, 1908, the Civil Judge Senior Division, Darwha is directed to record additional evidence of the Applicant

1 FA-415-2006 No.1(a) to prove the comparability of the sale-deed dated 09.03.1995 (Exhibit-X).

4.

The Applicant has already filed the affidavit before the Commissioner. The said affidavit alongwith the Records and Proceedings be forwarded to the Civil Judge Senior Division, Darwha. Parties to appear before learned Civil Judge Senior Division, Darwha on 07.03.2022.

5.

Shri. A. M. Kadukar, learned AGP to communicate this order to the AGP, who was representing the Acquiring body before the Reference Court.

6.

Learned Judge to forward the records alongwith the additional evidence within a period of eight weeks from the date of receipt of the Records and Proceedings. JUDGE TAMBE ASHISH ASHOKRAO TAMBE Date: 2022.02.23 18:42:25 +0530 ASHISH ASHOKRAO TAMBE