Sujata W/O Chandrabhan Salodkar And Others v. State Of Maharashtra, Throughits Under Secretary, Revenue And Forests Department, Mumbai And Others

2023:BHC-NAG:15608 5-CAS 187-22 in SA 314-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.

OF 20 IN SECOND APPEAL NO. 314 OF 2015 SUJATA W/O. CHANDRABHAN SALODKAR AND ORS.

...VERSUS...

STATE OF MAHARASHTRA, THR. ITS UNDER SECRETARY, REVENUE AND FORESTS DEPARTMENT, MANTRALAYA MUMBAI AND ORS.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Sakshi Agrawal, Advocate h/f. Shri S.V. Bhutada, Advocate for appellants. Ms. Prachi Joshi, AGP for respondent nos. 1 to 5.

CORAM

:

SMT. M. S. JAWALKAR,J.

rd OCTOBER , 2023 DATE :

In spite of service, none appears for the proposed legal heirs of respondent no. 7.

2.

The present application is filed for condonation of 1487 days' delay in filing the application for setting aside abatement and for bringing the legal heirs of respondent no. 7 on record. 3.

It is submitted that the appellants were not aware about the death of respondent no. 7 and therefore, delay is caused in filing the application for setting aside abatement and for bringing the legal heirs of respondent no. 7 on record.

4.

For the reasons stated in the application, the application is allowed. Delay in filing the application for setting aside abatement and for bringing the legal heirs of respondent no. 7 on record is hereby condoned and abatement is set aside.

5.

Accordingly, the application stands disposed of.

5-CAS 187-22 in SA 314-15.odt CIVIL APPLICATION (CAS) NO.

OF 20 The present application is filed for bringing the legal heirs of deceased respondent no. 7 on recod.

2.

In spite of service, none appears for the proposed legal heirs of respondent no. 7.

3.

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

4.

The appellants are permitted to bring the names of legal heirs of respondent no. 7 on record.

5.

Necessary amendment to be carried out within a period of two weeks.

6.

Accordingly, the application stands disposed of. SECOND APPEAL NO. 314 OF 2015 After amendment is carried out, issue notice to the legal heirs of respondent no. 7 on merits.

2.

The appellants to file private paper book within twelve weeks.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar