Jangluji Wanjari, Since Deceased Through Lrs, Sau. Chaya Wamanrao Bawankar And Others v. State Of Maharashtra Through The Collector, Nagpur

1 10.caf.1383.2020

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 1383 OF 2020 IN FIRST APPEAL NO.121 OF 2015 Jangluji Wanjari (dead) thr. LR's ..vs..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.V. Pandey, Advocte for LR's of appellant nos. 1, 5 and 6. Shri H.D. Futane, AGP for the State.

CORAM: PRAVIN S. PATIL, J.

DATED : 08/09/2025.

Heard.

2.

By this application, the applicants are seeking condonation of delay of 10 months and 7 days in bringing legal representatives of the appellant no.6 on record. 3.

Considering the reasons put-forth in the application particularly in paragraphs 2 and 3, which are not controverted by the respondents, the application is allowed. Delay stands condoned.

4.

The application stands disposed of accordingly. CIVIL APPLICATION NO. 2737 OF 2025 5.

Heard.

6.

This is an application seeking condonation of delay in bringing legal representatives of the appellant no.1 record.

7.

It is submitted that the appellant is expired on 22.06.2021. However, the legal heirs were not aware about the pendency of the present appeal. Hence, the delay is caused.

2 10.caf.1383.2020 8.

Considering the reasons put-forth in the application the application is allowed. Delay stands condoned.

9.

The application stands disposed of accordingly. CIVIL APPLICATION NO. 2739 OF 2025 10.

Heard.

11.

This is an application seeking condonation of delay in bringing legal representatives of appellant no.5 record.

12.

It is submitted that appellant no.5 is expired on 09.10.2021. Since the legal representatives of the appellant are interested to prosecute the present appeal however, immediately after the death of the appellant they were not in a position to approach before this Court. Hence, the delay is caused.

13.

Considering the reasons put-forth in the application, the application is allowed. Delay stands condoned.

14.

The application stands disposed of accordingly. CIVIL APPLICATION NOS.1384/2020, 2738/2025 AND 2740/2025 15.

Heard.

16.

These are the applications seeking setting aside abatement against appellant nos.1, 5 and 6.

17.

For the reasons stated in the applications and considering the fact that the right to sue is surviving in favour of the legal heirs, the abatement against appellant nos.1, 5 and 6 are hereby set aside.

18.

The applications stand disposed of accordingly.

3 10.caf.1383.2020 19.

Necessary amendment be carried out within a period of four weeks. Amended copy be supplied on the other side.

20.

List the matter for further consideration as per its turn.

(PRAVIN S. PATIL , J.

) Trupti