Raghunath Nama Bhagat (Dead) Thr. Lrs. Bhagwan S/O Raghunath Bhagat And Others v. The State Of Maharashtra, Through Its District Collector, Yavatmal And Other

1 24caf1004.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 1004 OF 2025 AND CIVIL APPLICATION (CAF) NO. 8517 OF 2024 IN FIRST APPEAL ST NO. 8511 OF 2024 (Raghunath Nama Bhagat (dead thr LRs Vs. State of Maharashtra and anr) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anurag Mankar, Advocate for appellant.

Ms. M.R. Kavimandan, AGP for respondent Nos. 1 and 2/State. CORAM : ABHAY J. MANTRI, J.

DATED : 06-08-2025 Heard.

2.

Learned counsel for applicants has tendered across the bar Pursis dated 06.08.2025 along with a copy of Roznama in LAR No. 392/2012 on record and pointed out the roznama dated 18.09.2019 and 27.06.2023 and submitted that applicants have submitted their written notes of argument on 18.09.2019. Thereafter, the matter was posted for argument and order. During the interim period on 10.09.2022, the original applicant No. 1 died, and therefore, he has urged that leave be granted to applicants to prosecute the present appeal. The Pursis is taken on record and marked 'X' for identification.

3.

The applicants/legal heirs of original claimant No. 1, i.e. 1B and 1C, have moved this application to permit them to grant leave to prosecute the present appeal, as after the conclusion of the argument and before the passing of the judgment by the learned trial Court, their father /original claimant No. 1 has expired. Therefore, they moved this application for which the learned AGP for respondent Nos. 1 and 2 has given no objection.

4.

In view of the above, the application is allowed as prayed. Leave is granted to prosecute the present appeal.

2 24caf1004.2025..odt CIVIL APPLICATION (CAF) NO. 8517 OF 2024 Heard.

2.

Applicants/ appellants have filed this application to condone the delay of 19 days in filing the appeal, for which the learned AGP for respondent Nos. 1 and 2 has given no objection. 3.

Having considered the reasons disclosed in the application and no objection of the learned AGP, the application is allowed as prayed. Delay is condoned. Appeal be registered accordingly. FIRST APPEAL ST NO. 8511 OF 2024 Heard.

2.

Having considered the grounds raised in the appeal memo, the appeal is 'Admitted'.

3.

Issue notice to the respondents, returnable after six weeks. 4.

Ms. Kavimandan learned AGP waives notice for respondent Nos. 1 and 2.

4.

Call for record and proceedings.

5.

Learned counsel for the appellant undertakes to file a private paper book within six weeks.

5.

List the matter after receipt of the record and proceedings. (ABHAY J. MANTRI, J.) Belkhede