The Commissioner, Nashik Municipal ... vs Shri. Murlidhar Kondaji Jadhav (Since ...
2023 Latest Caselaw 13380 Bom

Bombay High Court

The Commissioner, Nashik Municipal ... vs Shri. Murlidhar Kondaji Jadhav (Since ... on 22 December, 2023

Author: Nitin Jamdar

Bench: Nitin Jamdar

                                         1                10. IA 15696.23.doc

JPP


   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        CIVIL APPELLATE JURISDICTION

      INTERIM APPLICATION NO. 15696 OF 2023
                       in
          FIRST APPEAL NO. 769 OF 2017

Pundalik Kondaji Jadhav (Deceased)
Through Legal Heirs Smt. Venubai
K. Jadhav and Ors.                                 ... Applicants
      V/s.
The Commissioner, Nashik Municipal
Corporation, Nashik                                ... Respondent

                            with
               CIVIL APPLICATION NO. 699 OF 2016
                             in
                FIRST APPEAL NO. 769 OF 2017

The Commissioner, Nashik Municipal
Corporation, Nashik                                ... Applicant
     V/s.
Murlidhar Kondaji Jadhav (since deceased)
Through Legal Heirs Indubai Murlidhar
Jadhav and Ors.                                    ... Respondents

Mr. M.L. Patil for the Appellant in FA 769/17
Ms. Bhaveena Khemani i/b. Anil Ahuja for the Respondents and
Applicants in IA 15696/23

                                  CORAM : NITIN JAMDAR &
                                         MANJUSHA DESHPANDE, JJ.

DATE : 22 DECEMBER 2023

2 10. IA 15696.23.doc

P.C. :-

This Appeal is Admitted.

2. The Appeal filed by the Municipal Corporation Planning Authority in respect of the judgment and award by the Reference Court is pending.

3. In this Appeal, the Civil Application No. 699 of 2016 is taken out by the Municipal Corporation in respect of the Original Applicant Nos. 2 and 3 on the ground that the impugned judgment and order be set aside to the extent of these Applicants as they had expired even before the impugned judgment and order is passed.

Thereafter, in the year 2023 an application is taken out by the heirs of the Respondent Nos. 2 and 3 in the Appeal to bring themselves on record and the delay of almost 13 years be condoned.

4. List both the Applications to be heard along with the First Appeal when it taken up for hearing.

MANJUSHA DESHPANDE, J. NITIN JAMDAR, J.