Bombay High CourtCAF/4034/2019admittedallwdgrantedrule absolute

Puroshottam S/O Daulat Metangale And Another v. State Of Maharashtra, Represented By Collector, Buldhana And 2 Others

2020-01-08Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 FA376.2017

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4032/2019 AND CIVIL APPLICATION (CAF) NO. 4033/2019 AND CIVIL APPLICATION (CAF) NO.4034/2019 IN FIRST APPEAL NO.376/2017.

Purushottam S/o Daulat Metangale and Anr., ..VS..

State of Maharahtra, Represented by Collector, Buldhana and Anr., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. P. Maldhure, AGP for the respondent Nos.1and 2. Shri Uday Gosavi, Advocate for the respondent No.3. CORAM : AVINASH G. GHAROTE, J.

DATED : 08 th January, 2020 Three applications have been filed by the appellants. Civil Application No.4032/2019 is for setting aside the order of abatement against the appellant No.1 for not bringing the legal representative on record within time. Civil Application No.4033/2019 is for condonation of delay in bringing legal heirs of the deceased appellant No.1 on record, who has passed away on 02.09.2017. Civil application No.4034/2019 is for bringing the legal heirs of the deceased appellant No.1 on record. None appears for the appellant.

Shri V. P. Maldhure, learned AGP appears for the respondent Nos.1 and 2 and Shri Uday Gosavi,

2 FA376.2017 learned counsel appears for respondent No.3. They have opposed the applications formally, however, since the appellant No.1 had passed away on 02.09.2017, the delay is of about 670 days. Reason stated in the application was that the appellants were not aware about bringing legal heirs on record, and the required steps to be taken and it came to their knowledge on 20.07.2019 when the counsel informed them telephonically about filing of paper book, pursuant to which the information was given and the present application was made. Considering the reason given in the application, the Civil Application No.4033/2019 for condonation of delay in bringing legal heirs on record is allowed. Delay is condoned. For the reason stated in the application at Civil application No.4032/2019, the abatement against the appellant No.1 is set aside and the Civil Application No.4034/2019 for bringing legal heirs on record is allowed.

Appellant to take necessary steps as early as possible.

JUDGE Kirtak