Nanibai Ambadas Kakde (Dead) Thr. Lrs. Vinod S/O Ambadas Kakde And Others v. The State Of Maharashtra Through Collector, Amravati And Others

2024:BHC-NAG:13949 1 21-CAO-1504-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1504 OF 2024 IN MCA ST. NO. 23051 OF 2024 IN FIRST APPEAL ST. NO. 11593 OF 2021 (D) NANIBAI AMBADAS KAKDE SINCE DECEASED THROUGH LRS AND OTHERS Vrs.

THE 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 --------------------------------------------------------------------------------------------------------- Ms. Shreya Bhagat, Advocate h/f Shri P. R. Agrawal, Advocate for applicants/appellants.

Ms. Ritu Kaliya, AGP for respondent Nos.1 and 2. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/12/2024.

1.

This is an application for condonation of delay of 503 days caused for filing application for restoration of appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the grounds stated in the application, the application deserves to be allowed, in the interest of justice. As the delay is not deliberately caused, application is allowed. Delay of 503 days is condoned. 5.

Application is disposed of.

MCA ST. NO. 23051 OF 2024 6.

Considering the reasons stated in the application and the submission of learned advocate for the applicant that she will file Death Certificiate of Nanibai

2 21-CAO-1504-24.odt Ambadas Kakde within one week, the application is allowed.

7.

Learned advocate for the applicants further submitted that the application for leave to file appeal on behalf of legal representatives of original claimant - Nanibai was not filed. She seeks permission to file application for leave.

8.

Leave to file application is granted and the application shall be filed on or before 15/01/2025. 9.

After the said application is decided, appeal be numbered and registered thereafter.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/12/2024 17:59:10