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Bombay High CourtCA/724/2017admittedallowedgrantedrule absolute

Bhau Kondaji Gawade Th Lrs Laxmibai Bhaurao Gawade And ORS. v. The State Of Maharashtra And ORS

2017-01-20Hon'Ble Shri Justice V.K. Jadhav1 pages

956 ca 724.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO. 724 OF 2017 IN FA/148/2007 BHAU KONDAJI GAWADE TH LRS LAXMIBAI BHAURAO GAWADE AND ORS.

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Shinde Chandrakant K. AGP for Respondents: A.M. Phule ...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

The learned counsel for the applicants submits that the respondent-original claimant no. 1-A in first appeal no. 148 of 2007 died during the pendency of the appeal, however, this fact could not be brought to the notice of the court. The learned counsel submits that, the legal heirs of the respondent no.1-A are already on record. The learned A.G.P. has no objection if the application is allowed. 2.

In view of the above submissions and for the reasons stated in the application, the application is allowed in terms of prayer clause 'B', 'C' and 'D'. Civil application is accordingly disposed of.

(V.K. JADHAV) JUDGE mub