Gorakh Shivappa Kumbhar (Died) Thr Lrs Suman And ORS v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

1 908-CA-1504-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.1504 OF 2022 IN FA/2696/2018 GORAKH SHIVAPPA KUMBHAR (DIED) THR LRS SUMAN AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABADAND ORS ...

Advocate for Applicants : Mr M.R. Malpani h/f Mr A.B.Kale AGP for Respondent Nos. 1 and 2 : Mr A.B. Chate Advocate for Respondent No. 3 : Mr V.P. Patil CORAM : SHRIKANT D. KULKARNI, J.

DATE : 23rd February 2022 PER COURT :

1.

It is an application moved on behalf of the claimants seeking directions to the appellants to bring on record legal heirs of original claimant/Gorakh Shivappa Kumbhar, who died on 27.11.2018. 2.

Heard Mr Malpani, learned counsel for the applicant/original claimants, Mr V.P. Patil, learned counsel for respondent No. 3/acquiring body and Mr A.B. Chate, learned AGP for Respondent Nos. 1 and 2. 3.

Perused the death certificate of original claimant/Gorakh Shivappa Kumbhar, who died on 27.11.2018.

4.

Having regard to the nature of dispute, it is necessary to allow this application.

2 908-CA-1504-2022

ORDER

(i) The application is hereby allowed in terms of prayer clause (B) and (C).

(ii) The appellant/acquiring body to carry out necessary amendment in the title clause of appeal memo by bringing legal heirs of original claimant/Gorakh Shivappa Kumbhar on record and furnish the copy of amended appeal memo to the other side.

(iii) Civil Application is disposed of.

(iv) Stand over to 23.03.2022 for compliance.

( SHRIKANT D. KULKARNI, J.) mta