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Bombay High CourtCAS/356/2021ca disposed off

Sandhya Laxmanrao Adhav v. Chief Executive Officer, Municipal Council, Washim And Others

2022-06-13Hon'Ble Shri Justice S.M. Modak2 pages

Order 21 sa 150-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.355/2021 WITH CIVIL APPLICATION (CAS) NO.356/2021 WITH CIVIL APPLICATION (CAS) NO.357/2021 IN SECOND APPEAL NO.150/2020 Sandhya Laxmanrao Adhav Vs.

Chief Executive Officer, Municipal Council, Washim and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri D.R. Khapre, Advocate for appellant/applicant Shri A.M. Kukday, Advocate for respondent Nos.5a & 6. CORAM : S.M. MODAK , J.

DATE : 13/06/2022 Respondent no.3 expired on 25/11/2020. The period for 90 days expired when the order passed by Hon'ble Supreme Court in case of Suo-Motu Writ Petition was in force. As such, there is no need to file delay condonation Application. It is presumed that application is filed in time. Hence this application is disposed of. CIVIL APPLICATION NO.357/2021 Respondent No.3 expired on 25/11/2020, however, the legal representatives could not be brought on record during stipulated time. There are in all four legal representatives mentioned in paragraph No.2 of the Civil Application No.357/2021.

Order 21 sa 150-2020 Notices were issued to them and they are represented by learned Advocate Shri Kukday. There is no objection. Hence, abatement of the respondent No.3 is set aside. His name be deleted. Names of his legal representatives be brought on record. Necessary amendment be carried out. Learned Advocate Shri Kukday waives notice for them.

SECOND APPEAL NO.150/2020 Issue notice before admission, returnable after two weeks. 2.

All respondents are served. There is appearance for respondent Nos.3, 5 and 6.

3.

All office objections to be removed.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE