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Bombay High CourtCAW/2875/2023ca disposed off

Laxman S/O Ananda Kakade And 2 Others v. The State Of Maharashtra, Through Secretary, Dept. Of Revenue, Mumbai And Others

2023-10-05Hon'Ble Shri Justice Anil S. Kilor2 pages

2023:BHC-NAG:14533 10wp1098-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAO NO.1221 OF 2023 IN WRIT PETITION NO.1098 OF 2016 LAXMAN S/O ANANDA KAKADE AND 2 OTHERS VS THE STATE OF MAHARASHTRA THROUGH SECRETARY, DEPTT. OF REVENUE, MUMBAI AND 2 OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.D. Chande, Advocate for the Petitioners/applicants Shri A.R. Deshpande, Advocate for the respondent No.3 CORAM : ANIL S. KILOR, J.

DATED : 05.10.2023 1.

Considering the pursis filed by the respondent No.3-C, informing about the death of petitioner No.1, no immediate steps were taken to bring legal heirs of the petitioner No.1 on record and as such, the delay has been caused in filing the application for bringing legal heirs of the petitioner No.1 on record. 2.

Considering casual approach of the petitioners in the present matter in moving the application for bringing legal heirs of the petitioner No.1, the delay is liable to be condoned subject to payment of costs.

3.

Accordingly, the application is allowed and thereby, the delay in filing the application for bringing legal heirs of the petitioner No.1 on record, is hereby condoned, subject to deposit nd.thawre

10wp1098-16.odt Rs.5,000/- as costs with the High Court Legal Services SubCommittee, Nagpur. Civil Application No.2875/2023 4.

For the reasons stated in the application, the application is allowed.

5.

Amendment be carried out within one weeks.

6.

The application is disposed of.

WRIT PETITION NO.1098 OF 2016 7.

Place this matter for final hearing on 05.12.2023. 8.

Till date, interim relief to continue.

[ANIL S. KILOR, J.] nd.thawre