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Bombay High CourtCAF/1074/2023disposedoff

Santosh S/O Banduappa Sadavarte v. The State Of Maharashtra, Through Collector, Buldhana And Another

2023-06-07Hon'Ble Smt. Justice M. S. Jawalkar2 pages

6 caf 1075-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1075/2023 WITH CIVIL APPLICATION (CAF) NO. 1074/2023 IN FIRST APPEAL NO. 930/2011 Santosh S/o Banduappa Sadavarte (Dead) through L.Rs Vs.

The State of Maharashtra, through Collector, Buldhana and another - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri N.B. Kalwaghe, Advocate for appellant Ms T.H. Udeshi, AGP for respondent No.1 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 07/06/2023 Present application is filed by the legal representatives of deceased appellant for condonation of delay in filing application for bringing legal representatives and for setting aside abatement.

2.

For the reasons stated in paragraph Nos. 2 and 3, application is allowed. Delay in filing application for bringing legal representatives and for setting aside abatement is hereby condoned.

3.

Application stands disposed of.

Jayashree..

6 caf 1075-2023.odt CIVIL APPLICATION (CAF) NO. 1074/2023 Present application is filed by legal representatives of sole appellant, who is expired on 10/08/2022. The application is supported by affidavit and death certificate, is annexed with the application. As right to sue survive, application is allowed. Abatement is set aside. 2.

Permission is granted to the applicants to substitute their names in place of deceased appellant. 3.

Application stands disposed of.

4.

Necessary amendment to be carried out within one week.

5.

After amendment is carried out, list the matter along with connected matters in the week commencing from 03/07/2023.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..