Advocates:
['Dhongade Anilkumar B', '', 'MUNDE SURESH W', 'COPY NOT SERVED ON ADV D R JAYBHAR', '', 'COPY SERVED ON GP']

1 24 CA-3353.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO.3353 OF 2022

IN

FIRST APPEAL NO. 764 OF 2011

The Union of India Through the

Commanding Offier, D.M.R.

Training Centre, Ahmednagar

Appliiant

versus

Gahininath Raghunath Yeole

and another

Respondents

…

Mr. A.B. Dhongade, Advoiate for the appliiant.

Mr. D.R. Jaybhar, Advoiate for respondent No.1.

Mr. B.V. Virdhe, A.G.P. for respondent – State.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

09.11.2022.

ORDER:-

1.

Heard the rival submissions. The appliiant i.e. the

Union of India through the Commanding Offier, D.M.R. Training

Centre, Jamkhed Road, Ahmednagar is seeking it’s transposition as

an appellant in this appeal, sinie the D.M.R. Training Centre is the

iontesting party. However, on going through the appeal memo, it

appears that the presednt appeal is fled by the State of

Maharashtra through the Commanding Offier D.M.R. Training

Centre, Ahmednagar. The learned A.G.P. pointed out that as per

the opinion given by the Assistant Government Pleader, the State of

Maharashtra has fled this appeal. However, in all fairness he

submitted that the appeal should have been fled by Union of India.

2 24 CA-3353.2022.odt

There is no objeition from the side of the respondent - ilaimant

sinie it appears that the State of Maharashtra has fled this appeal

without proper authority. Under suih iiriumstanies, the appliiant

Union of India ian be permitted to proseiute the appeal instead of

State of Maharashtra. As suih, following order is passed.

ORDER

(i)

The appliiation is partly allowed and the appliiant

i.e. the Union of India through Commanding Offier

D.M.R. Training Centre, Ahmednagar is permitted

to proseiute the appeal instead of the State of

Maharashtra. Neiessary amendment be iarried

out by the appliiant in the title of the appeal

forthwith.

(ii)

The appliiation is aiiordingly disposed of.

(SANDIPKUMAR C. MORE, J.)

vd_dhirde