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Bombay High CourtIA/3009/2022disposed off

Ram Kishore Mangal Since Deceased Through Legal Heirs Nirmala Ram Kishore Mangal And ANR. v. The Inspector Of Police And ORS.

2022-09-15Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Milind N. Jadhav2 pages

Osk 4-Ia-3009-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3009 OF 2022 IN CRIMINAL APPEAL NO. 46 OF 2017 Ram Kishore Mangal (Since Deceased) Through LRs 1(a) Smt.Nirmala Ram Kishore Mangal & Anr.

... Applicants/Appellants V/s.

The Inspector Of Police & Ors.

... Respondents Mr. Sandeep R. Karnik for Applicants/Appellants. Mr. H.J. Dedhia, A.P.P. for Respondent Nos.1 & 2-State. CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ.

DATE : 15th September 2022.

P.C. :

1.

This is an application by legal heirs i.e. wife and son of the original Appellant. It is stated that, the self acquired property of the original Appellant has been erroneously attached by Respondent No.1 and therefore the Appellant had approached this Court by way of the present Appeal. That by a Speaking Order dated 18th January 2018, interim relief was granted in favour of Appellant. That the original Appellant passed away on 8th November 2020. That the Applicants are desirous of pursuing the said Appeal after demise of the original Appellant and therefore permission is sought to 1/2

Osk 4-Ia-3009-2022.odt substitute them in place of Appellant. A positive statement is made across the bar that, the Applicants are the only legal heirs of the Appellant. 2.

In view thereof and for the reasons stated in the Application, Application is allowed in terms of prayer Clause (a). 3.

Necessary amendment in the record of Court and simultaneously in the copies served upon learned APP be carried out within a period of four weeks from today.

[MILIND N. JADHAV, J.] [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.09.16 14:38:52 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2