Allowed

Sujata W/O Chandrabhan Salodkar and Others v. State of Maharashtra, Throughits Under Secretary, Revenue and Forests Department, Mumbai and Others

Bombay HC23 Oct 2023CAS/578/2021

Case brief

AI extract

What is this about?

This Second Appeal allows a Civil Application seeking condonation of delay to set aside abatement and bring legal heirs on record, setting aside abatement and directing necessary amendment.

What did the court decide?

Condonation of 1487 days delay; abatement set aside; permission to amend record; two-week timeline for amendment and notice on merits.

Sujata W/O Chandrabhan Salodkar and Others Vs… — Civil Procedure and Limitation | Bombay HC (2023)

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2023:BHC-NAG:15608

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5-CAS 187-22 in SA 314-15.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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NAGPUR BENCH, NAGPUR.

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CIVIL APPLICATION (CAS) NO. 187 OF 20 22

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SECOND APPEAL NO. 314 OF 2015

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SUJATA W/O. CHANDRABHAN SALODKAR AND ORS.

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...VERSUS…

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STATE OF MAHARASHTRA, THR. ITS UNDER SECRETARY, REVENUE AND FORESTS DEPARTMENT, MANTRALAYA MUMBAI AND ORS.

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Office Notes, Office Memoranda of Coram,

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appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

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Ms. Sakshi Agrawal, Advocate h/f. Shri S.V. Bhutada, Advocate for appellants. Ms. Prachi Joshi, AGP for respondent nos. 1 to 5.

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CORAM : SMT. M. S. JAWALKAR,J.

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DATE : 23rd OCTOBER , 2023

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In spite of service, none appears for the proposed legal heirs of respondent no. 7.

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The present application is filed for condonation of 1487 days' delay in filing the application for setting aside abatement and for bringing the legal heirs of respondent no. 7 on record.

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It is submitted that the appellants were not aware about the death of respondent no. 7 and therefore, delay is caused in filing the application for setting aside abatement and for bringing the legal heirs of respondent no. 7 on record.

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For the reasons stated in the application, the application is allowed. Delay in filing the application for setting aside abatement and for bringing the legal heirs of respondent no. 7 on record is hereby condoned and abatement is set aside.

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Accordingly, the application stands disposed of.

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5-CAS 187-22 in SA 314-15.odt

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CIVIL APPLICATION (CAS) NO. 578 OF 20 21

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The present application is filed for bringing the legal heirs of deceased respondent no. 7 on recod.

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In spite of service, none appears for the proposed legal heirs of respondent no. 7.

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For the reasons stated in the application, the application is allowed.

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The appellants are permitted to bring the names of legal heirs of respondent no. 7 on record.

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Necessary amendment to be carried out within a period of two weeks.

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Accordingly, the application stands disposed of.

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SECOND APPEAL NO. 314 OF 2015

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After amendment is carried out, issue notice to the legal heirs of respondent no. 7 on merits.

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The appellants to file private paper book within twelve weeks.

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B.T.Khapekar

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(Smt. M.S. Jawalkar, J.)

Sujata W/O Chandrabhan Salodkar and Others v. State of Maharashtra, Throughits Under Secretary, Revenue and Forests Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Sujata W/O Chandrabhan Salodkar and Others v. State of Maharashtra, Throughits Under Secretary, Revenue and Forests Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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