Mahadu Motiram Acharya And Ors vs The State Of Maharashtra Thr ...
2022 Latest Caselaw 9684 Bom

                                       {1}                  904-CA-12233-2022


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD

             CIVIL APPLICATION NO. 12233 OF 2022
            IN FIRST APPEAL (ST) NO. 23784 OF 2020

          MAHADU MOTIRAM ACHARYA AND OTHERS
                         VERSUS
      THE STATE OF MAHARASHTRA THR COLLECTOR AND
                        ANOTHER

                                  ...
               Advocate for Applicants : Mr. S.V. Gundre
               AGP for Respondent No.1 : Mr. S.S. Dande
                                  ....

                                    CORAM : S.G. DIGE, J.
                                    DATE : 22nd September, 2022

 ORDER :

. Heard learned Counsel for applicants and learned

A.G.P. for respondent No.1.

2. Learned Counsel for applicants submits that, learned

Registrar (Judicial) by order dated 15 th February, 2022

refused the registration of the appeal of the applicants on

the ground that, ofce objections are not removed.

3. Learned Counsel further submits that, original

claimant died after passing of the judgment and order by

Pooja K.

{2} 904-CA-12233-2022

the Reference Court. The objections is raised by the

learned Registrar (Judicial) is that, unless heirs and legal

representatives of the deceased are not brought on

record, appeal cannot be fled. Hence, heirs and legal

representatives of the deceased be taken on record.

Hence, requested to allow the appeal.

4. I have heard both the learned Counsel, considering

reasons mentioned in the application, application is

allowed. The order passed by the learned Registrar

(Judicial) dated 15th February, 2022 is quashed and set

aside. Appeal be registered after removing the ofce

objections.

5. Applicants shall fle application for bringing heirs and

legal representatives on record before this Court within

two (02) weeks', after registering the appeal.

6. The Civil Application is disposed of.

[S.G. DIGE, J.]

Pooja K.