Pandurang S/O Kashiram Ade v. The State Of Maharashtra Thorugh Collector, Yavatmal And 2 Others

2024:BHC-NAG:2381 1 16 caf681, 682.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

C IVIL APPLICATION (CAF) NOS. 681 AND 682 OF 2024 IN FIRST APPEAL NO.

OF 20 PANDURANG S/o KASHIRAM ADE

VERSUS

STATE OF MAH., THRU. THE COLLECTOR, YAVATMAL AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. K. S. Narwade, Advocate for the appellant. Mrs. Mrunal Naik, A.G.P. for respondent nos.1 and 3. Ms. Alfa Singh, Advocate h/f Mr. Amit Kukday, Advocate for respondent no.2 CORAM :

G. A. SANAP, J.

DATE :

FEBRUARY , 20 24.

1.

CAF No.681/2024 has been made for condonation of delay caused in filing an application for setting aside abatement against deceased appellant and CAF No.682/2024 has been made to bring on record the legal heirs of deceased appellant on record.

2.

Heard learned advocates for the parties.

3.

The appellant died on 10.11.2019. The reasons have been stated in the application explaining the delay. The names of legal heirs of deceased appellant are mentioned in the application. In view of the reasons stated in the application, the delay caused in filing an application for setting aside abatement is condoned. The abatement against deceased appellant is set aside. The legal heirs of deceased appellant, whose names are mentioned in CAF

2 16 caf681, 682.24.odt No. 682/2024 be brought on record in place of deceased appellant.

4.

Both the civil applications are allowed and disposed of. Necessary compliance of this order be made within one week.

( G. A. SANAP, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 29/02/2024 11:27:45