Allowed

Devrao Narsu Gatkal, L.Rs. Harishchandar and Others v. the State of Maharashtra and Others

Bombay HC21 Aug 2018WP/9665/2013

Case brief

AI extract

What is this about?

This writ petition challenged the order of the Principal District Judge rejecting in default a civil miscellaneous application seeking condonation of delay for setting aside the abatement of a regular civil appeal. The High Court, noting undisputed circumstances, allowed the application and set aside the impugned order.

What did the court decide?

The impugned order dated 01-08-2013 setting aside civil miscellaneous application No. 87 of 2012 was set aside; the application was allowed, and the regular civil appeal No. 49 of 2001 to be proceeded

Devrao Narsu Gatkal, L.Rs. Harishchandar and… — Succession and Inheritance | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 9665 OF 2013

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Devrao Narsu Gatkal (died), Through His L.Rs.

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1/1) Harischandar s/o Devrao Gatkal Age – 50 years, occup. Agril., R/o Ambhi Tq. Bhoom, Dist. Osmanabad

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1/2 Trimbak s/o Devrao Gatkal, Age – 45 years, occup. Agril., R/o Ambhi, Tq. Bhoom, Dist. Osmanabad

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1/3) Kanta w/o Abhiman Kaskar, Age – 42 years, occup. Household, R/o Antarwali, Tq. Bhoom, Dist. Osmanabad

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1/4) Prayagbai w/o Devrao Gatkal Age – 70 years, occup. Household, R/o Ambhi, Tq. Bhoom, Dist. Osmanabad .. Petitioners versus

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1. The State of Maharashtra, Through Collector, Osmanabad

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1. Tahsildar, Paranda 3) Arvind s/o Ramchandra Shaha Age - 58 years, occup. Nil, R/o Kharda, Tq. Jamkhed, Dist. Ahmadnagar

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1. Rajkumar Rupchand Shahu (died), through his L.Rs. as under :

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4/1) Shirish Rajkumar Shaha, Age – 45 years, occup. Agri.

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4/2) Hemant Rajkumar Shaha, Age – 40 years, occup. Agri.

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4/3) Girish Rajkumar Shaha, Age – 37 years, occup. Agri. Died, through his L. Rs. :

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4/3-A) Surekha w/o Girish Shaha, Age 36 years, occup. Household, 4/3-B) Aadarsh s/o Girish Shaha, Age – 18 years, occup. Education,

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4/3-C) Saharash s/o Girish Shaha, Age - 16 years, occup. Education, minor, under guardian of his Mother Surekha w/o Girish Shaha, Age - 36 years, occup. Household, 4/3-A to 4/3-C, R/o Anbhi, Tq. Bhoom, Dist. Osmanabad, at present R/o Kharda, Tq.Jamkhed, District : Ahmednagar

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4/4) Smt. Mangala w/o Rajkumar Shaha, Age – 70 years, occup. Household, All R/o Kharda, Tq. Jamkhed, Dist. Ahmadnagar

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1. Rajaram Yeshwanta Gatkal, Age - 40 years, occup. Agri., R/o Ambhi, Tq. Bhoom, Dist. Osmanabad

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1. Namdev Yeshwanta Gatkal (died) His L.Rs. as under, 6/1) Bhamabai w/o Namdev Gatkal, Age – 65 years, occup. Agri.,

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6/2) Goverdhan s/o Namdev Gatkal, Age – 45 years, occup. Agri.,

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6/3) Kiran s/o Namdev Gatkal, Age – 40 years, occup. Agri.,

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6/4) Rama s/o Namdev Gatkal, Age – 35 years, occup. Agri., R/o Ambhi, Tq. Bhoom, Dist. Osmanabad

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1. Rama Sahebrao Gatkal, Age – 35 years, occup. Agri., R/o Ambhi, Tq. Bhoom, Dist. Osmanabad

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1. Vikram Sahebrao Gatkal, His L.Rs. as under :

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8/1) Mangal w/o Vikaram Gatkal, Age - 51 years, occup. household, R/o Ambhi, Tq. Bhoom, Dist. Osmanabad

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8/2) Vinod s/o Vikram Gatkal, Age – 27 years, occup. Agri., R/o Ambhi, Tq. Bhoom, Dist. Osmanabad

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8/3) Vilas s/o Vikram Gatkal, Age – 25 years, occup. Agri., R/o Ambhi, Tq. Bhoom, Dist. Osmanabad

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8/4) Surabai Sahebrao Gatkal (Died, through L.Rs.)

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8/4-A) Rama s/o Sahebrao Gatkal, Age - 50 years, occup. Agri.,

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8/4-B) Vikram Sahebrao Gatkal (died, through L. Rs)

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8/4-B-I) Mangal Vikram Gatkal Age – 55 years, occup. Agril.,

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8/4-B-II) Vinayak Vikaram Gatkal, Age - 31 years, occup. Agri.,

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8/4-B-III) Vilas Vikram Gatkal, Age - 29 years, occup. Agril.,

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8/4-C) Rukhmini d/o Sahebrao Gatkal, Age - 33 years, occup. Agril., (died)

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8/4/C-I Ashok s/o Baburao Gore, Age : major, occup. Agri., R/o Aapti, Tal. Jamkhed, Dist. Ahmednagar,

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at present, R/o Aagarkar Mala,

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Nagar – Pune Road, Ahmednagar, Tal. and Dist. Ahmednagar

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8/4-D) Padmini d/o Sahebrao Gatkal, Age – 31 years, occup. Agril.,

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8/4-E) Bharibai d/o Sahebrao Gatkal, Age – 28 years, occup. Agril.,

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8/4-F) Chhaya d/o Sahebrao Gatkal, Age – 28 years, occup. Agril R/o Khurda Dahitne, Tal. Jamkhed Dist. Ahmednagar

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All R/o Ambhi, Tq. Bhoom, District Osmanabad

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8/4-G) Prayagabai d/o Sahebrao Gatkal, @ Prayagabai w/o Babasaheb Jagtap, R/o Pimpalgaon, Tal. Jamkhed, Dist. Ahmednagar .. Respondents ----

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Mr S. A. Deshmukh, Advocate holding for Mr P. P. Kulkarni Advocate for petitioners Mr S. P. Tiwari, Asst.Government Pleader for respondents no. 1 Mr S. V. Deshmukh, Advocate for respondents no. 4/1, 4/2 and 4/4

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CORAM : SUNIL P. DESHMUKH, J. DATE : 21^st August, 2018

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ORAL JUDGMENT :

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Rule. Rule made returnable forthwith. Heard learned counsel for appearing parties finally by consent.

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Learned counsel for petitioners draws attention to order dated 01-08-2013 passed by the Principal District Judge, Osmanabad, rejecting petitioners' civil miscellaneous application bearing no. 87 of 2012 and submits that it is an order, in fact, of dismissal of said application in default, however, in the order, it has been referred to that reasons assigned in the application are not sufficient and as such application is disposed of as rejected.

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He submits that although order so records, it does not reflect upon application of mind to narrations in the application and the circumstances referred to therein under which the same had been filed. He further refers to that there is no particular resistance to the application by any of the respondents. He submits that not even before this court, there is any resistance filed in writing.

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Learned counsel for respondents Mr S. V. Deshmukh however, submits that there is enormous delay of eight years and odd days and the circumstances referred to in the application may not be sufficient to allow condonation of delay of eight years and to set aside abatement.

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Although this is being so submitted by learned counsel for respondents, the circumstances referred to in the application about appeal being of 2001 and subsequently appellants' advocate had been died and applicants being away for livelihood and further that the other advocate engaged by them has also died have not been disputed.

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In the circumstances, application deserves its due rather than taking pedantic approach and in the circumstances relegating parties to hearing of application again would not be expedient. Taking overall view of the matter and the circumstances as have been referred to in the application not being in dispute, the application deserves to be granted.

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As such, impugned order dated 01-08-2013 passed by Principal District Judge, Osmanabad rejecting civil miscellaneous application bearing no. 87 of 2012 stands set

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aside. Said civil miscellaneous application stands allowed. Regular civil appeal no.49 of 2001 be proceeded with expeditiously.

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Rule made accordingly absolute.

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Writ petition is disposed of.

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SUNIL P. DESHMUKH, JUDGE

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pnd/-

Devrao Narsu Gatkal, L.Rs. Harishchandar and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Devrao Narsu Gatkal, L.Rs. Harishchandar and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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