Mayur Bharat Gate Thr.Poa Gautam Tulshiram Gate And ORS. v. The State Of Maharashtra And ANR.

(501)-IA-1899-24.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.02.26 16:44:07 +0530 CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.1899 OF 2024 IN FIRST APPEAL NO.1099 OF 1995 Shri. Mayur Bharat Gate & Ors.

..Applicants

IN THE MATTER BETWEEN

Tulshiram Nagnath Gate Since deceased through legal heirs Satyabhama Tulshiram Gate & Ors.

..Appellants

Versus

The State of Maharashtra & Anr.

..Respondents Mr. K. S. Mahuli & A. B. Deshmukh h/f T. D. Deshmukh, for the Applicants/Appellants.

Mr. A. R. Patil, AGP for the Respondent/State. CORAM : KISHORE C. SANT, J.

DATE : 23rd FEBRUARY, 2024 P.C.

1.

Appellant No.1A - Satyabhama died on 08.12.2023 during the pendency of the Appeal. Her legal heirs are already on record. This Application is therefore filed only for leave to delete her name.

2.

Leave granted.

3.

In the said Appeal, Appellant No.2A - Laxmi also died BGP.

(501)-IA-1899-24.doc.

on 10.12.2022. Her legal heirs i.e. Appellant Nos.2B to 2F are already on record. Leave is sought to delete name of Appellant No.2A - Laxmi.

4.

Leave granted.

5.

Appellant No.3A - Bharat also died on 03.05.2021 during pendency of the Appeal. Appellant Nos.3A.1 to 3A.3 are required to be shown as his legal heirs. In case of Bharat, there is delay of 3 years 10 months.

6.

For the reasons recorded, Application stands allowed. Delay stands condoned.

7.

Amendment be carried out within one week from today. [KISHORE C. SANT, J.] BGP.