Jagdish Matasharan Tiwari (Dead) Thr. Lrs. Pramod Jagdishprasad Tiwari And Others v. State Of Maharashtra Through Its Collector, Yavatmal And Others

caf 1714.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1714 OF 2019 in FIRST APPEAL (ST.) NO. 20382 OF 2018 (Jagdish Matasharan Tiwari (Dead) through Legal Heirs Vs. State of Maharashtra and anr.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri V. D. Darne, Advocate for the appellants Shri H. D. Dubey, AGP for the respondent nos. 1 and 2 CORAM : M. G. GIRATKAR, J.

DATE : 11/06/2019 Heard learned Advocate Shri Darne for the applicants. He has submitted that during the pendency of Reference Claim original appellant - Jagdish M. Tiwari died. It was not informed to the Court. Reference Court decided the reference on merit.

Learned Advocate Shri Darne has submitted that the Counsel of the appellant was also died and, therefore, there was no communication to legal heirs of original appellant. Hence, there is delay.

Shri Dubey, learned AGP for respondent nos. 1 and 2 strongly objected the application.

Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

caf 1714.2019.odt FIRST APPEAL (ST.) NO. 20382 OF 2018 Issue notice to the respondents.

Shri Dubey, learned AGP waives notice on behalf of respondent nos. 1 and 2.

Put up this matter for final hearing on 25.06.2019. JUDGE SMGate