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Bombay High CourtCAF/974/2024allowed

Bhausaheb Balabhau Wankhade v. The State Of Maharashtra Through Collector, Yavatmal And Others

2025-08-21Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

16- caf 973-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.973 OF 2024 AND CIVIL APPLICATION (CAF) NO.974 OF 2024 IN FIRST APPEAL NO. 167 OF 2018 Bhausaheb Balabhau Wankhade (dead) through LRs. Vs. The State of Maharashtra and ors. ----------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

----------------------------------------------------------------------------------------------------------------------------- Mr.S.V.Ingole, counsel for the appellants/applicants. Ms. Mukta Kavimandan, AGP for respondent/non-applicant Nos.1 to 3. Mr. M.A.Kadu counsel for respondent/ non-applicant No.4. CORAM : VRUSHALI V.JOSHI, J.

DATE : 21.08.2025

1. Both these civil applications are filed for condonation of delay of 860 days in filing the application for setting aside the abatement and to bring the legal representatives on record.

2. The learned counsel appearing for the appellant has stated that the legal heirs of appellant were not aware about the pendency of the present First Appeal. After getting knowledge about the present matter, they approached to the Office of the present counsel for knowing the status of the First Appeal and thereafter, the application came to be filed.

3. Considering the reasons given in the applications, both the civil applications are allowed and the delay of 860 days is condoned, the abatement is set aside and the permission is granted to the learned counsel Kavita

16- caf 973-24.odt 2/2 appearing for the appellant to bring the legal representatives of the deceased-appellant on record.

4. Appellant to carry out the amendment within a period of two weeks.

5. Both the civil applications stand disposed of. FIRST APPEAL NO. 167 OF 2018 Stand over to 08/09/2025.

JUDGE Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 21/08/2025 18:38:40 Kavita