Vithoba Maruti Murme (Died) Thr Lrs Suman And ORS v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.797 OF 2020 IN FAST/38208/2017 WITH CA/800/2020 IN FAST/38208/2017 VITHOBA MARUTI MURME (DIED) THR. LRS SUMAN AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr.M.R.Malpani h/f. Mr.Ajeet B.Kale AGP for Respondents No.1 & 2 : Mr.R.B.Bagul Advocate for Respondent No.3 : Mr.S.B.Patil ...

CORAM : K. K. SONAWANE, J.

Date: January 23, 2020 ...

PER COURT :- 1.

Heard learned counsel for the applicants and learned AGP for respondents No.1 and 2 as well as learned counsel for respondent No.3. Perused the applications and other relevant documents produced on record.

2.

It appears that original claimant No.2 namely Balaji Vitthal Murme had preferred LAR No.485 of 2014 against the Acquiring Body. But, pending the Reference Petition, he passed away on 27.07.2008. His legal heirs were not brought on record in the Reference Petition, hence proceeding stands abated against said claimant No.2 after eful of stipulated period. Therefore, the applicants i.e. legal heirs of claimant No.2 Balaji Vitthal Murme, have no way concerned at all with the present proceeding as their names were not recorded on behalf of the appellantAcquiring Body by adopting the legal procedure. In such circumstances, both the civil applications fled by the legal heirs of original claimant No.2 Balaji Vitthal Murme, being inapt and premature, stand dismissed. ( K. K. SONAWANE, J. ) SPT