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Bombay High CourtCAA/29/2017admittedallwdgrantedrule absolute

Jawahar Bhartiya Aadiwasi Jangal Kamgar Sanstha, Palkheda Thr. Its President v. Dongru Mangruji Sirsam And 2 Others

2017-06-08Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

ao38.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR APPEAL AGAINST ORDER NO.38 OF 2016 (Jawahar Bhartiya Aadiwasi Jangal Kamgar Sanstha, thr. its President Vs. Dongru Mangruji Sirsam and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S. Borkar, Advocate for Appellant.

CORAM: SMT. DR. SHALINI PHANSALKAR-JOSHI, J.

DATE: 8 th JUNE, 2017.

Civil Application (A) No.29/2017:

This is an application for brining legal heirs of respondent No.2 on record. It is submitted that the respondent No.2 has expired on 01.12.2016. However, the appellant came to know the same fact on 28.02.2017. It is submitted that since there is delay of 129 days from the date of death and 42 days from the knowledge.

Having regard to the contents in para 3 of the application sufficient cause is made out for condonation of delay.

The application is allowed with no order as to costs.

ao38.16.O.odt 2 Civil Application (A) No.35/2017:

This is an application seeking permission to bring the legal of respondent No.2 on record. As the application for condonation of delay in bringing the legal heirs on record is already allowed, issue notices of this application to the legal heirs of respondent No.2. Notice, returnable on 06.07.2017.

JUDGE NSN