Shri Punjaji Zingraji Turukmane And Another v. The State Of Maharashtra, Through Collector, Buldhana And 2 Others

fa.664.13 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1532 of 2020 in First Appeal No.664 of 2013 Punjaji Zingraji Turukmane & another vs.

The State of Maharashtra, through Collector, Buldhana & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.D. Dharaskar, Advocate h/f Shri K.S. Narwade, Advocate for the Applicant.

Ms. T.H. Udeshi, A.G.P. for Respondent Nos.1 & 3.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 8 th FEBRUARY, 2021.

The applicant has sought to condone the delay of 2881 days in filing the application for setting aside abatement and further to permit him to bring on record the legal representative of the deceasedappellant No.1. None present for respondent No.2, though duly served.

I have perused the record. The reasons for condoning the delay and setting aside abatement, as spelt out in the application, constitute sufficient grounds. Moreover, appellant No.2 is already on record and, hence, the proceedings do not abate as a whole. Under the circumstances, the delay is condoned. Abatement as against appellant No.1 is set aside. The legal representative of appellant No.1 be brought on record. Cause title be amended accordingly. The application stands disposed of.

The matter be listed on final hearing board in the week commencing from 8th March, 2021.

JUDGE *sandesh