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Bombay High CourtCAO/733/2024ca disposed off

Nilkanth Bhojraj Rathod v. The State Of Maharashtra Through The Collector, Yavatmal And Others

2024-07-05Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:7126 1 10-CAO-731-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 731 OF 2024 IN XOB NO. 79 OF 2022 IN FIRST APPEAL NO. 1531 OF 2019 NILKANTH BHOJRAJ RATHOD (DEAD) Vrs.

STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A. B. Nakshane, Advocate for Cross-Objector. Shri P. P. Pendke, AGP for respondent-State.

Shri Vinay Rathi, Advocate h/f Shri P. B. Patil, Advocate for respondent No.3.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 05/07/2024.

1.

This is an application for setting aside abatement against deceased cross-objector on record. 2.

Heard learned counsel for both sides.

3.

Perused the application.

4.

For the reasons stated in the application, the application is allowed, in the interest of justice, as prayed. 5.

The application is disposed of.

CIVIL APPLICATION (CAO) NO. 732 OF 2024 6.

This is an application for condonation of delay of 730 days in bringing legal heirs of deceased crossobjector on record.

2 10-CAO-731-24.odt 7.

The cross-objector - Nilkanth Bhojraj Rathod died on 20/10/2021. However, legal heirs of deceased cross-objector are not brought on record.

8.

Heard learned counsel for both sides.

9.

Perused the application.

10.

For the reasons stated in the application, the application is allowed, in the interest of justice 11.

The application is disposed of.

CIVIL APPLICATION (CAO) NO. 733 OF 2024 12.

This is an application for permission to bring the legal heirs of deceased cross-objector on record. 13.

Heard learned counsel for both sides.

14.

Perused the application.

15.

For the reasons stated in the application, the application is allowed, in the interest of justice, as prayed. 16.

The application is disposed of.

17.

Amendment be carried out within one week.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 09/07/2024 10:30:52