Allowed

The Secretary to Govt. Rural Devp. and Soil Conservation Dept. Thr Principal Chief Con. Nagpur and v. Ramchandra S/O Babanrao Wadatkar and Others

Bombay HC29 Aug 2012CAO/1437/2011

Case brief

AI extract

What is this about?

The High Court of Judicature at Nagpur set aside abatement and condoned delay in bringing legal representatives of a deceased respondent, citing Supreme Court precedents. Various civil applications regarding formal amendments and notice issuance were allowed and disposed of.

What did the court decide?

Abatement set aside; delay condoned; formal prayers granted; amendment to bring legal heirs on record ordered within one week; notice issued.

The Secretary to Govt. Rural Devp. and Soil… — Civil Procedure and Limitation | Bombay HC (2012)

¶1

2908caz847.10

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR

¶4

CIVIL APPLICATIONS (C. A. O.) NOS. 559, 560, 561, 562 & 1437 OF 2011 IN C. A. Z. NO. 847 OF 2010 IN LETTERS PATENT APPEAL ST. NO. 19751 OF 2010 IN

¶5

WRIT PETITION NO. 5560 OF 2009

¶6

Secretary to Govt. Rural Development & Soil Conservation Deptt. & Ors. Vs. Ramchandra

¶7

Babanrao Wadatkar & Ors.

¶8

........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders

¶9

Shri A. M. Deshpande AGP for applicants. Shri N. N. Thengre Adv for non applicants.

¶10

CORAM: SMT. VASANTI A. NAIK &

¶11

SUNIL P. DESHMUKH JJ.

¶12

DATED: AUGUST 29, 2012.

¶13

Civil Application Nos. 561, 559 & 560 of 2011:

¶14

Heard Shri Deshpande the learned AGP for the State and

¶15

Shri Thengre the learned counsel for the non applicants.

¶16

Though the learned counsel for the non applicants strongly opposes the prayer made in the application, by relying on the judgment reported in AIR 1973 Supreme Court, 204 (Babu Sukhram Singh Vs. Ram Dular Singhy and Others) , for the reasons stated in the Civil Applications No. 559, 560 and 561 of 2011 the abatement is set aside and the delay in filing the application for bringing legal representatives

¶17

2908caz847.10

¶18

¶19

of the deceased respondent no. 5 on record is condoned. It would be necessary to refer to the judgment reported in AIR 1996 Supreme Court 1092 (Puran Singh and Others Vs. State of Punjab and Others) in this regard. So also the application for bringing the legal representatives of deceased respondent no.5 on record is allowed. Necessary amendment should be carried out within a period of one week. All the three Civil Applications are disposed of.

¶20

Civil Application No. 562 of 2011:

¶21

Heard the learned counsel for the parties. Perused the application. The prayer is formal. The same is granted. The Civil Application is allowed and disposed of. Amendment should be carried out within a period of one week. After the amendment is carried out, issue notice to the respondent no. 3 on the correct address returnable on 1^st October 2012.

¶22

Civil Application No. 1437 of 2011:

¶23

The Prayer is formal. The same is granted. Necessary amendment should be carried out within a period of one week. After the amendment is carried out, issue notice to the legal heir No. 3 of respondent no. 5 on correct address returnable on 1^st October 2012. Civil Application is allowed and disposed of.

¶24

JUDGE JUDGE

¶25

svk

The Secretary to Govt. Rural Devp. and Soil Conservation Dept. Thr Principal Chief Con. Nagpur and v. Ramchandra S/O Babanrao Wadatkar and Others

Case brief

What is this about?

What did the court decide?

The Secretary to Govt. Rural Devp. and Soil Conservation Dept. Thr Principal Chief Con. Nagpur and v. Ramchandra S/O Babanrao Wadatkar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Azaz Kibriya Khan S/O Mohd. Maqsood Ali Khan and Another Vs the State of Maharashtra, through Its Secretary and 16 Others

Jaivignaharta Gruh Nirman Sahakari Sanstha Maryadit, through President, Shri Bhaskar Nanaji Bhoyar Vs State of Maharashtra, through Its Secretary and Another

Ku. Khushbu D/O Rajesh Sharma Vs Caste Certificate Verification Committee Thr. Its Member/Secty., and Ors.

Mahatma Fule, Ambedkar Educational and Cultural Trust, Thr Its President Mahendra Nagsen Mankar Vs State of Maharashtra Thr Department of Agriculture Mantralaya Mumbai

Smt. Jyoti W/O Nandkishor Ramteke Vs the Union of India Thr. Its Secty., and 4 Ors.

Rajendra S/O Panjabrao Wade Vs the State of Mah. Thr. the Director of Edun. and Training and Ors.