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Bombay High CourtCAS/1238/2025allowed

Manikaro Rama Salam (Dead) Thr His Lrs v. The Collector, Nagpur And Others

2026-10-14Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

2026:BHC-NAG:576 9-CAS-675-2025.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 675 OF 2025 WITH CIVIL APPLICATION NO. 1238 OF 2025 IN SECOND APPEAL (ST) NO. 11433 OF 2025 MANIKRAO S/O RAMA SALAM AND OTHERS Vs.

THE COLLECTOR, NAGPUR AND OTHERS ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. O. Ahmed, Advocate for the Appellants. Mr. H. D. Dubey, AGP for the State.

CORAM : ROHIT W. JOSHI, J.

DATE : 14 th JANUARY, 2026.

1.

Learned advocate for the appellants states that all the legal representatives of deceased respondent No.7 are on record and seeks leave to delete the name of respondent No.7. 2.

Permission is granted to delete the name of respondent No.7.

CIVIL APPLICATION No. 1238 of 2025 3.

Respondent No.11 has expired on 13th October 2025. Legal representatives of respondent No.11 are served. The application is filed within limitation.

4.

For the reasons stated in the application, the same is allowed.

9-CAS-675-2025.odt 2/2 5.

Applicants are permitted to add legal representatives of deceased respondent No.11 on record.

CIVIL APPLICATION No. 675 of 2025 6.

The present applicants are legal heirs and as such legal representatives of deceased Manikrrao Rama Salam (Aatram) who was appellant No.1 in Regular Civil Appeal No.599 of 2017 decided by the learned District Judge, At Nagpur vide judgment and decree dated 24th January 2025. It is stated in the application that appellant No.1 had expired on 17th February 2024 and the appeal was decided without bringing his legal representatives on record.

7.

Since the applicants are legal heirs of deceased appellant No.1 in Regular Civil Appeal No.599 of 2017, the application for leave to file second appeal is allowed.

8.

The question whether Civil Appeal No. 599 of 2017 stands abated in its entirety or only qua deceased Appellant No. 1- Manikrrao Rama Salam (Aatram) is kept open. 9.

List the appeal for hearing on admission.

(ROHIT W. JOSHI, J.) MJ Jadhav