Ankush Kisanrao Phawade (Died) Thr Lrs Ganpati And ANR v. The State Of Maharashtra Through The Collector, Latur And Others

1 919 ca 4878-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 4878 OF 2021 IN FAST/15347/2019 ANKUSH KISANRAO PHAWADE (DIED) THR LRS GANPATI AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR AND OTHERS ...

Advocate for applicants : Mr. L. C. Patil AGP for Respondents-State : Mr. S. R. Yadav ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 28/09/2022.

P. C. :

1.

Heard.

2.

Issue notice to respondents. The learned AGP waives notice for all the respondents.

3.

The applicants, who are the legal heirs of sole claimant Ankush Kisanrao Fhawade, who admittedly died on 19/05/2011, are seeking permission to prosecute the appeal fled by them for enhancement of compensation.

4.

The record shows that deceased Ankush was the sole claimant below in the reference court and before fling this appeal, he died and therefore, the applicants were constrained to fle this appeal. Under such circumstances, the applicants being the legal heirs of sole deceased claimant, can be permitted to prosecute the appeal being the legal heirs of deceased Ankush Kisanrao

2 919 ca 4878-21 Phawade. As such, the application stands allowed in terms of prayer clause A and B. Accordingly, the application is disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-