Maharashtra Industrial Development Corporation v. Kondu Pendor(Since Dead) Thr. His Lrs And ORS

0601fa206.03.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.206 of 2003 (Maharashtra Industrial Development Corporation, through its Regional Officer, Udyog Bhavan, Civil Lines, Nagpur v. Kondu Pendor, since dead, through LRs. Vishwesharao Kondu Pendor and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri D.S. Agnihotri, Advocate for Appellant.

Shri D.M. Kale, AGP for Respondent No.2.

Coram : R.K. Deshpande, J.

Date : 6 th January, 2016 The original claimant/respondent No.1-Kondu Pendor has died and his legal heirs were brought on record as the respondent Nos.1a to 1d. The appeal has been dismissed as abated against the respondent No.1b. No steps are taken to indicate that the respondent no.1b has no legal heir or to bring her legal heir on record. It is further reported that one of the remaining respondents has also expired.

In view of this factual position, there cannot be two different orders in respect of the parties to the appeal. The appeal abates in its entirety. It is, therefore, dismissed as such.

0601fa206.03.odt Needless to say that it is always open for the appellant to file an application for setting aside the abatement and bringing on record the legal heirs, as is permissible in law. Judge.

Lanjewar