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Bombay High CourtCA/4592/2022admittedallowedgrantedrule absolute

Yashwantrao Mukinda Kawale (Since Died) Thr Lrs. Dayanand Yeshwant Kawale And Others v. The State Of Maharashtra Through District Collector, Nanded And Others

2022-08-26Hon'Ble Shri Justice S. G. Dige2 pages

{1} 915-CA-4592-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4592 OF 2022 IN FIRST APPEAL NO. 847 OF 2014 YASHWANTRAO MUKINDA KAWALE (SINCE DIED) THR LRS. DAYANAND YESHWANT KAWALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR NANDED AND OTHERS ...

Advocate for Applicants : Mr. P.B. Vikhe Patil AGP for Respondent Nos.1 and 2 : Mr. S.S. Dande ....

CORAM : S.G. DIGE, J.

DATE : 26th August, 2022 ORDER :

.

Heard learned Counsel for applicants and learned A.G.P. for respondent Nos.1 and 2.

2.

Learned Counsel for applicants submits that, during the pendency of appeal original claimant Yeshwantrao Mukinda Kawale is died hence, it is necessary to take his heirs and legal representatives on record. Hence, their names be taken on record. Ofce note shows that, name of deceased is difer on death certifcate. It is mentioned Pooja K.

{2} 915-CA-4592-2022 as Yeashvant Munkidarao Kawale.

3.

Learned Counsel for applicants submits that, instead of 'Mukinda' in death certifcate 'Munkidarao' is mentioned. Both are the same person, hence requested to allow the application.

4.

Considering the submissions of learned Counsel for applicants and reasons mentioned in the application, application is allowed in terms of prayer clauses 'B' and 'C'. Delay for fling this application is condoned. 5.

Appellants to take steps within three (03) weeks. (S.G.DIGE, J.) Pooja K.