← Library
Bombay High CourtCAF/1391/2023allowed

Punjaram Kisan Nande v. State Of Maharashtra ,Yavatmal And Others

2023-06-09Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 909 fa 858-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1390/2023 IN FIRST APPEAL NO.858/2015 Punjaram s/o Kisan Nande and others Vs.

The State of Maharashtra thr. Collector, Yavatmal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Nemade, Advocate h/f Shri S.U. Nemade, Advocate for appellants Ms T.H. Udeshi, AGP for respondent Nos.1 and 3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

09/06/ The present application is filed by appellants for condonation of delay in setting aside abatement and bringing legal representatives of deceased appellant No.3 on record. It is submitted that legal representatives of deceased appellant is married daughter and legal representatives and they are rustic litigants and are unaware about the procedural aspects. As such, delay has been caused to take steps in respect of deceased appellant No.3.

2.

For the reason stated in the application, application is allowed. Delay in filing application for setting aside abatement and bringing legal representatives is hereby condoned.

3.

The Application stands disposed of accordingly.

2 909 fa 858-2015 CIVIL APPLICATION (CAF) NO.1391/2023 Present application is filed for setting aside abatement and bringing legal heirs of deceased appellant No.3 on record. For the reasons stated above and as right to sue to survive, application is allowed. 2.

Applicants are permitted to bring legal representatives of deceased appellant No.3 on record. Abatement is set aside.

3.

Necessary amendment to be carried out within two weeks.

4.

The application stands disposed of accordingly.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE