ca619.07.odt 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLN. NO.619/2007 & CIVIL APPLN. NO.618/2007 & CIVIL APPLN. NO.620/2007 IN WRIT PETN. NO.3047/1994 (DECIDED) Natthu Ganpatrao Brahmane -vs- The State of Maharashtra and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri A. M. Gordey, learned sr.counsel for the applicant- petitioner. Shri A. D. Sonak,A.G.P. for the respondent Nos.1 to 3. CORAM : R. M. SAVANT, J. DATED : 07/07/2011. CIVIL APPLN. NO.619/2007 By the above Civil Application, the applicant- petitioner seeks condonation of delay of 1641 days in filing the applications for setting aside the abatement and bringing the legal heirs on record. The applicant is the son of one Natthu Ganpat Brahmane, who is the petitioner in Writ Petition No.3047/1994. The said Writ Petition was filed for challenging the order dated 30/12/1992 passed by the Sub Divisional Officer, Morshi declaring and delimiting Survey No.20/2 of Village Mangruli, which was in the holding of the petitioner as surplus. The above petition was amongst a group of petitions wherein the identical issue was involved. The above petition ca619.07.odt 2/4 along with the other companion petitions was listed on board on 08/01/2002 and 18/01/2002. It is the case of the petitioner that a telegram was received as regards the petition being posted for final hearing. However, the petition could not be heard on the said day and thereafter the petition appeared on board for final hearing in the year 2006 and by the judgment dated 09/11/2006 the above petition along with the companion petitions were allowed and declaration issued by the Sub Divisional Officer of the land, which was subject matter of the said petitions of being surplus, was set aside. It is the case of the petitioner that he being a layman was not aware of the niceties of law inasmuch as he was not aware that heirs of the original petitioner would have to be brought on record. He was under an impression that since the petition was listed for final hearing, the same would be heard and disposed of. It is only after the counsel informed him that the heirs would have to be brought on record that he realized the seriousness of the matter, however, by that time, the petition had already been disposed of. It is the case of the petitioner that he is the lone heir of the said Natthu Brahmane and would be entitled to the benefit of the said judgment dated 09/11/2006. He, therefore, seeks condonation of delay of 1641 days in filing the applications for setting aside abatement and for bringing the heirs on record. Having considered the reasons mentioned by the applicant, who is the heir of the original petitioner, in my view, they commend acceptance as it is a case of an innocent litigant ca619.07.odt 3/4 not being aware of the niceties of law and, therefore, having not filed an application for bringing the heirs on record. The Civil Application is therefore have to be allowed and is accordingly allowed in terms of the prayer and thereby delay of 1641 days in filing the applications for setting aside abatement and bringing the heirs on record stands condoned. The Civil Application is accordingly disposed of. CIVIL APPLN. NO.618/2007 By the above Civil Application, the applicant seeks setting aside the abatement, which has been caused on account of the death of the petitioner, by an order passed today in Civil Application No.619/2007, the delay in filing the application has already been condoned, the Civil Application would therefore have to be allowed and is accordingly allowed, resultantly the abatement, on account of the death of the petitioner, is set aside. The Civil Application is accordingly disposed of . CIVIL APPLN. NO.620/2007 By the above Civil Application, the applicant seeks to bring himself on record as the heir of the petitioner, by an order passed today in Civil Application No.619/2007 the delay in filing the application has already been condoned as well as by an order passed in Civil Application No.618/2007 the abatement is set aside, hence, the above Civil Application is required to be allowed and is accordingly allowed, resultantly ca619.07.odt 4/4 the applicant is allowed to be brought on record as the heir of the petitioner. The Office to carry out amendment in the cause title of the judgment to include the name of the petitioner as the heir of the original petitioner. The Civil Application is accordingly disposed of. JUDGE KHUNTE