The State Of Maharashtra And Anr vs Laxman Malaba Kondewad
2021 Latest Caselaw 1384 Bom

                                     (1)                                 fa1945.20

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                     940 FIRST APPEAL NO.1945 OF 2020

                  THE STATE OF MAHARASHTRA AND ANR
                                VERSUS
                      LAXMAN MALABA KONDEWAD
 Mr. A.A. Jagatkar, AGP for the appellant/State

                                 CORAM : V. L. ACHLIYA, J.

DATE : 20-01-2021

P. C.

. Heard.

2. None present for the respondent when the matter is called out.

3. Mr. Jagatkar, AGP for the respondent/State submits that though the District Collector, Latur has been informed to provide the names of legal heirs of the deceased respondent, no response is received.

4. Perusal of the bailiff report spell out that deceased has died on 15-12-2005 i.e. few days after the judgment and order passed by the reference court. Reference was decided on 22-11- 2005. The appeal was filed alognwith delay condonation application in the year 2006. Although the respondent was not served, the

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(2) fa1945.20

application seeking condonation of delay appears to be allowed vide order dated 16-09-2020 passed by this court [Coram: Shrikant D. Kulkarni, J.].

5. In spite of case is repeatedly adjourned, no steps have been taken by the appellant to bring the LR's of deceased respondent on record who died in the year 2005. In that view the appeal is abated. Hence, the appeal is dismissed as abated.

6. The appellant may apply for setting aside the abatement of appeal.

[ V. L. ACHLIYA, J. ]

VishalK/fa1945.20

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