Partly allowed

The State of Maharashtra through Collector, Nagpur and 2 Others v. Shri Premraj S/O Netaram Doble and 12 Others

Bombay HC3 Oct 2024CAF/2184/2024

Case brief

AI extract

What is this about?

Single judge record of orders disposing of various civil applications. Applications to change addresses, condone significant delay, set aside abatement, and bring legal representatives on record were allowed. A notary was directed to face a show-cause notice for negligence in notarizing affidavits without an identifier's signature.

What did the court decide?

Address change applications allowed; delay in bringing legal representatives and setting aside abatement condoned; notary directed to face show cause notice.

The State of Maharashtra through Collector… — Civil Procedure and Limitation | Bombay HC (2024)

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2024:BHC-NAG:11102

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3.fa.293..odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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FIRST APPEAL NO.293 OF 2021

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State of Mah., through Collector, Nagpur and others .Vs. Premraj S/o Netaram Doble and others

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

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Shri M.A. Kadu, A.G.P. for appellants.

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Shri P.S. Sahare, Advocate for respondent Nos.5(a) and 6.

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Shri C.R. Najbile, Advocate for respondent Nos.1 and 2(b).

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CORAM : SANJAY A. DESHMUKH, J. DATED : 03/10/2024

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CIVIL APPLICATION (CAF) NO.2186 OF 2024

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This is an application for changing the address of respondent No.2(c) on record.

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Heard learned advocates for both sides.

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Perused the application.

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Considering reasons stated reasons stated in the application, the application deserves to be allowed. The application is allowed .

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Necessary amendment be carried out within a week.

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Application is disposed .

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CIVIL APPLICATION (CAF) NO.2188 OF 2024

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This is an application for changing the address of respondent No.10 on record.

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Heard learned advocates for both sides.

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Perused the application.

C.L. Dhakate

3.fa.293..odt

Considering reasons stated reasons stated in the application, the application deserves to be allowed. The application is allowed .

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Necessary amendment be carried out within a week.

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Application is disposed .

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CIVIL APPLICATION (CAF) NO.2187 OF 2024

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This is an application for changing the address of respondent No.11 on record.

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Heard learned advocates for both sides.

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Perused the application.

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Considering reasons stated reasons stated in the application, the application deserves to be allowed. The application is allowed .

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Necessary amendment be carried out within a week.

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Application is disposed .

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CIVIL APPLICATION (CAF) NO.2185 OF 2024

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This is an application for changing the address of respondent No.13 on record.

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Heard learned advocates for both sides.

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Perused the application.

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Considering reasons stated reasons stated in the application, the application deserves to be allowed. The application is allowed .

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Necessary amendment be carried out within a week.

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Application is disposed .

C.L. Dhakate

3.fa.293..odt

CIVIL APPLICATION (CAF) NO.2182 OF 2024

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This is an application for condonation of delay of 344 days caused for bringing legal representatives of respondent No.2(a) on record.

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Heard learned advocates for both sides.

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Perused the application.

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The learned advocates for the respondents strongly objected the application

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Considering grounds stated in the application, the application deserves to be allowed in the interest of justice.

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The application is allowed . Delay of 344 days caused for filing application for bringing legal representatives of respondent No.2(a) on record is condoned.

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Application is disposed .

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CIVIL APPLICATION (CAF) NO.2270 OF 2024

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This is an application for condonation of delay of 344 days caused for setting aside abatement of appeal.

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Heard learned advocates for both sides.

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Perused the application.

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The learned advocates for the respondents strongly objected the application

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Considering grounds stated in the application, the application deserves to be allowed in the interest of justice.

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C.L. Dhakate

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4 3.fa.293..odt

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The application is allowed . Delay of 344 days caused for filing application for setting aside the abatement in the first appeal is condoned.

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Application is disposed .

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CIVIL APPLICATION (CAF) NO.2183 OF 2024

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This is an application for setting aside the abatement in respect of bringing the legal representative of respondent No.2(a) on record.

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Heard learned advocates for both sides.

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Perused the application.

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For the grounds stated in the application, the application deserves to be allowed. The application is allowed and disposed .

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CIVIL APPLICATION (CAF) NO.2184 OF 2024

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This is an application for bringing legal representatives of respondent No.2(a) on record.

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Heard learned advocates for both sides.

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Perused the application.

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Considering grounds stated in the application, the application deserves to be allowed in the interest of justice.

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Amendment be carried out within a week.

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The application is allowed .

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C.L. Dhakate

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5 3.fa.293..odt

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Notary Shri Pravin Suryabhan Lawale has endorsed his seal and signature on all above applications who is having office at Katol, Dist. Nagpur, even though person who knew deponent has not signed it, as his identifier. It is very serious negligence on the part of Notary. Therefore, action needs to be taken against him. Hence, the following order :

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O R D E R

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a) Issue show cause notice to Notary Shri Pravin Suryabhan Lawale as to why he did not obtain the signature of identifier below the heading, “ I know the deponent ” of these applications and without identifying the signatures of deponents notarized the affidavits in above all applications Nos.2186/2024, 2188/2024, 2187/2024, 2185/2024, 2182/2024, 2270/2024, 2183/2024 and 2184/2024.

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b) Stand over after one week .

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(SANJAY A. DESHMUKH, J.)

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C.L. Dhakate

The State of Maharashtra through Collector, Nagpur and 2 Others v. Shri Premraj S/O Netaram Doble and 12 Others

Case brief

What is this about?

What did the court decide?

The State of Maharashtra through Collector, Nagpur and 2 Others v. Shri Premraj S/O Netaram Doble and 12 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

Case details

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