The appeal was disposed of as abated because the sole respondent deceased during pendency and appellants failed to bring legal heirs on record despite notice.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
4 FIRST APPEAL NO.1073 OF 2012
THE STATE OF MAH THR. COLLECTOR, OSMANABAD AND ANR
VERSUS
SATLING DEORAO DEOMANKAR
CORAM:H.M.BHOSALE
REGISTRAR (JUDL)
DATED: 26/11/2019
1.The sole respondent Mr.Satling Deorao Deomankar reported
dead vide Bailiff report dated 6.8.2018. Report is supported with Death
Certificate issued by Grampanchayat of village Tugaon. The appellants
and their advocate are absent. No steps have been taken to bring on
record legal heirs of respondent during the span of more than one year.
The first appeal was notified on 14.10.2019 with a view that the
appellants or their advocate will take steps. However, despite it, none
present today.
2.In these circumstances, when the appellants have failed to
take steps, there is no option but to dispose of the appeal as abated. As
there is a sole respondent, entire appeal would be abated. In turn, I pass
the following order.
ORDER
The appeal is disposed of as abated.
REGISTRAR (JUDL)
4 FIRST APPEAL NO.1073 OF 2012
The State of Maharashtra
Collector, Osmanabad
Satling Deorao Deomankar
H.M. Bhosale
Registrar (Judl)
As recorded by the court registry
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