Shiolal S/O Sunderlal Marwadi v. Daulatram Hiralal Marwadi (Dead) Through Lrs. Asarabai Wd/O Daulatram Marwadi And Others

1 lpa312.08.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAZ NOS.22/2017, CAZ 23/2017 AND CAZ 24/2017 IN LETTERS PATENT APPEAL NO.312 OF 2008 IN WRIT PETITION NO.1084 OF 1993 [D] [Shiolal Sunderlal Marwadi .vs. Daulatram Hiralal Marwadi (dead) and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.R. Deshpande, Advocate for petitioner, Ms. Deepali Sapkal, Advocate for respondent no.4 (1 to 4). ..........

CORAM : B.P. DHARMADHIKARI AND MRS. SWAPNA JOSHI, JJ.

DATED : JANUARY 23, 2018.

Legal heirs of deceased appellant wish to come on record. There is a delay and consequential abatement. Prayer is to condone the delay, to set aside abatement and to permit the legal heirs to come on the record.

Advocate Ms. Deepali Sapkal, on behalf of respondents, is opposing the prayer. She submits that fact of death was brought on record by her way back in 2010.

The grievance arises within the provisions of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

We, in the interest of justice, therefore, condone the delay, set aside abatement and permit legal heirs to come on record and there are no malafides. By filing pursis, the respondent, at the most, has brought fact of death to the notice of the

2 lpa312.08.odt learned counsel of deceased appellant.

The necessary amendment be carried out within one week.

List L.P.A. for final hearing immediately thereafter.

JUDGE JUDGE Gulande