Allowed

Bhivrabai Ramchandra Badame (Died) Thr. Lrs Nivrati Died Thr. Lrs Archana and Ors. v. the State of Maharashtra through Collector Latur and Anr.

Bombay HC8 Oct 2024CA/10750/2024

Case brief

AI extract

What is this about?

The Court condoned a delay of 830 days in filing an application to bring the legal heirs of the deceased appellant on record. The Court found the delay satisfactorily explained and no prejudice to the respondent, setting aside the abatement of the appeal.

What did the court decide?

Delay of 830 days condoned; abatement set aside; legal heirs to be brought on record within 14 days.

Bhivrabai Ramchandra Badame (Died) Thr. Lrs… — Civil Procedure and Limitation | Bombay HC (2024)

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2024:BHC-AUG:24273

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912-CA-10750-2024.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 10750 OF 2024 IN FA/1640/2010

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BHIVRABAI RAMCHANDRA BADAME (DIED) THR. LRS NIVRATI DIED THR. LRS ARCHANA AND ORS

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VERSUS

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THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND ANR

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Mr. S. S. Halkude, Advocate for the Applicants Mr. V. M. Chate, AGP for Respondent – State

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CORAM : Y. G. KHOBRAGADE, J.

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DATE : 08.10.2024

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PER COURT :-

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By the present Application, the Applicants wanted to bring the legal heirs of deceased Appellant No.2 Nivrati Ramchandra Badame, who died on 13.01.2021, leaving behind his legal heirs as prescribed in paragraph No.2 of the present Application. The Applicants further prayed for condonation of delay of 830 days for filing the Application for bringing legal heirs of deceased Appellant No.2 and for setting aside the abatement.

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The learned AGP appearing for the non applicant strongly opposed the Application. He submits that the delay has not been satisfactorily explained.

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912-CA-10750-2024

It is well settled principle of law that if the litigants offered a bona-fide and substantial reason, the delay for bringing the legal heirs and setting aside abatement, can be condoned and the Applicant/Appellant can be permitted to bring the legal heirs of deceased Appellant, on record. Since no prejudice is likely to be caused to the Respondent – State and the delay has been satisfactorily explained, therefore, I am of the view that the present Application needs to be granted. Accordingly, I proceed to pass the following order:-

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O R D E R

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(i) The Civil Application is allowed. The delay of 830 days caused while filing the Application for bringing the legal heirs of deceased Appellant No.2, is hereby condoned. Accordingly, the abatement is set aside.

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(ii) The necessary amendment be carried out within a period of 14 days from today.

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[ Y. G. KHOBRAGADE, J. ]

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SMS

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Bhivrabai Ramchandra Badame (Died) Thr. Lrs Nivrati Died Thr. Lrs Archana and Ors. v. the State of Maharashtra through Collector Latur and Anr.

Case brief

What is this about?

What did the court decide?

Bhivrabai Ramchandra Badame (Died) Thr. Lrs Nivrati Died Thr. Lrs Archana and Ors. v. the State of Maharashtra through Collector Latur and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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