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Bombay High CourtCAO/36/2026allowed

The Chief Officer, Municipal Council, Gondia v. Devidas Pohumal Goplani, Gondia, And 2 Others

2026-01-17Hon'Ble Shri Justice Pravin S. Patil3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 36 OF 2026 IN CIVIL APPLICATION (CAO) NO. 849 OF 2016 IN MISC. CIVIL APPLICATION STAMP NO. 3945 OF 2016 IN FIRST APPEAL STAMP NO. 20941 OF 2013 The Chief Officer, Municipal Council, Gondia, Tahsil Office Gondia thr. its Chief Officer Vs Devidas s/o Pohumal Goplani 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. S.A. Sahu, counsel h/f Mr. M.I. Dhatrak, counsel for applicant.

CORAM

: PRAVIN S. PATIL, J.

DATE : 17/01/2026 By this application, the applicant is seeking condonation of 4349 days in filing the application for bringing legal heirs of respondent No.1 on record.

The submission in support of this application is that an earlier counsel has been engaged by the Municipal Council to contest this appeal; however, the said counsel did not inform to the Municipal Council about the progress of the matter, and therefore, Municipal Council was not aware of the fact that, it was required to take necessary steps in the matter. Hence, the delay of 4349 days is caused in filing the application for bringing legal heirs of respondent No.1 on record. In view of the averments made in the application, the application is allowed, subject to the costs of Rs.10,000/- to be deposited to the Public Welfare Account, which was opened as per

order and directions of this Court in Suo-Motu Public Interest Litigation No. 01/2021.

CIVIL APPLICATION (CAO) NO. 35 OF 2026 AND CIVIL APPLICATION (CAO) NO. 34 OF 2026 By these applications, the prayer is made to quash and set aside the abetment against the Respondent No.1, who is expired on 17/10/2013, and further to bring on record the legal heirs of respondent No.1.

For the reasons stated in the applications, both the applications are allowed.

The legal heirs of respondent No.1 be brought on record within a period of one week.

4.

After bringing the legal heirs of Respondent No.1 on record, issue notice to the respondents, returnable on 11/02/2026. CIVIL APPLICATION (CAO) NO. 37 OF 2026 By this application, the prayer is made to set aside the order passed by the Registrar (Judicial) dated 18/09/2018, whereby the appeal came to be dismissed against the respondent No.5 for not supplying the correct address.

Learned counsel for the applicant states that earlier counsel appearing in the matter did not take proper steps, and therefore, the office objections were not removed at the relevant time. It is further stated that the applicant has moved a separate application for supplying the correct address of Respondent No.5.

In view of this statement, the order passed by the Registrar (Judicial) dated 18/09/2018 is hereby quashed and set aside. CIVIL APPLICATION (CAO) NO. 38 OF 2026 For the reasons stated in the application, the application is allowed.

Learned counsel for the applicant is permitted to supply the correct address of Respondent No.5 by making necessary corrections in the clause title of the appeal.

The corrections be carried out within a period of one week. 4.

After carrying out the corrections, issue fresh notice to the Respondent No.5, returnable on 11/02/2026.

(PRAVIN S. PATIL, J.)