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Bombay High CourtCAF/513/2023ca disposed off

Sharadchandra Gangadhar Kulkarni And Another v. State Of Maharashtra, Through Collector, Buldhana And Another

2023-02-23Hon'Ble Justice Urmila Joshi Phalke2 pages

07.caf.512.23.odt

IN THE HIGH COU

RT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.512 OF 2023 IN FIRST APPEAL NO.1191 OF 2013 (Sharadchandra Gangadhar Kulkarni and anr. Vs. State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Uday Changle, Advocate h/f Shri A. Parchure, Advocate for the appellants.

Ms T. Udeshi, AGP for the State.

CORAM :

URMILA JOSHI-PHALKE, J.

DATED :

FEBRUARY 23, 2023.

Present application is filed for condonation of delay in bringing legal heirs of appellant No.1 on record. 2.

Ms Udeshi, learned Assistant Government Pleader waives notice for respondent No.1/State. Mrs. S.W. Deshpande, learned Counsel already appeared for respondent No.2.

3.

As per the contention of appellant No.2, appellant No.1 died during the pendency of this appeal. However, delay is caused in bringing legal representatives on record.

4.

As per the contention of the learned Counsel for the appellants, appellant No.2 is an illiterate lady was not aware about the legal provisions. When the learned Counsel approached to her for necessary instructions, she informed that appellant No.1 is not alive, therefore, delay

07.caf.512.23.odt is caused in bringing legal representatives of appellant No.1 on record.

5.

In view of the reasons mentioned in the application, delay is condoned.

6.

The application is disposed of.

CIVIL APPLICATION NO.513/2023 By this application, the appellants are seeking permission to bring legal representatives of appellant No.1 on record.

2.

The applicants are the legal representatives of appellant No.1. They are necessary parties.

3.

In view of the reasons mentioned in the application, the application is allowed by permitting the appellant to bring legal representatives of appellant No.1 on record.

4.

The appellant to carry out amendment within stipulated period.

5.

Civil application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant