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Bombay High CourtCAF/4097/2019ca disposed off

Smt. Shantabai Wd/O Damodar Shirbhate v. The State Of Maharashtra, Through Its Collector, Amravati And 2 Others

2019-11-18Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1811caf4097.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 4097 OF 2019 IN FIRST APPEAL NO. 1190 OF 2013 (Smt. Shantabai wd/o Damodar Shirbhate (Dead) thr. LRs Sunil Damodar Shirbhate & Ors. vs. The State of Maharashtra thr. its Collector, Amravati & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.A. Kothale, Advocate for the applicant - appellant.

Mrs. H.N. Jaipurkar, APP for non-applicant / respondent Nos. 2 & 3.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

NOVEMBER 18, 2019.

Heard.

This is an application for condoning delay of 471 days in filing application for setting aside abatement and for permission to bring legal heirs of appellant No. 2 (since deceased) on record.

The learned AGP waives notice on behalf of respondent Nos. 2 & 3, however, objected the application for want of sufficient reason.

Perused the application. For the reasons mentioned in the application, delay is condoned. Abatement is set aside. The Legal representatives of appellant No. 2 are permitted to be brought on record

1811caf4097.19 within a period of one week week. After amendment, a copy thereof be supplied to the learned AGP and learned counsel for the respective respondents within one week thereafter.

JUDGE *GS.