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Bombay High CourtIA/11325/2024allowed

State Of Maharashtra Through The Special Land Acquisition Officer v. Pandu Rama Wagh Dec. Thr. His Lhrs. Smt. Paribai Pandu Wagh

2025-04-01Hon'Ble Justice Sharmila U. Deshmukh2 pages

48--IA 11325-24 IN FAST-16547-17.doc JYOTI RAJESH MANE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION by JYOTI RAJESH MANE Date: 2025.04.03 16:54:59 +0530 INTERIM APPLICATION NO.11325 OF 2024 IN FIRST APPEAL NO. 16547 OF 2017.

The State Of Maharashtra And Anr.

...Appellants.

Versus

Shri Pandu Rama Wagh (Deceased) (Through His Legal Heirs- 1a. Smt. Paribai Pandu Wagh And Ors.

...Respondents.

------ Mr. Mayur Sonavane for the Appellants.

------ Coram : Sharmila U. Deshmukh, J.

Date : April 1, 2025.

P. C. :

1.

The interim application has been preferred seeking recall of the order dated 12th July 2023, by which the Civil Application stood abated as against the Respondent No.3 and for condonation of delay of 159 days and for restoration of First Appeal against the Respondent No.3. 2.

Mr. Sonavane, learned AGP submits that an Application has already been filed for bringing the legal heirs of deceased Respondent No.3 on record. Therefore, Order of 12th July 2023, be recalled. 3.

Considering that appropriate steps have being taken by the learned AGP for purpose of bringing legal heirs of the deceased Respondent No.3 on record, the Order of 12th July 2023, stands Mane 1 of

48--IA 11325-24 IN FAST-16547-17.doc recalled after condoning the delay. The First Appeal stands restored qua Respondent No.3.

4.

Interim application is allowed.

[Sharmila U. Deshmukh, J.] Mane 2 of