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Bombay High CourtCA/1791/2023disposed off

Haridas Yashwant Padwal (Died) Thr Lrs Suman And ANR v. The State Of Maharashtra, Thr The District Collector, Osmanabad And ORS

2023-02-10Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 926 ca 2051-22+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO.2051 OF 2022 IN FAST/6598/2020 WITH CA/1791/2023 IN FAST/6577/2020 WITH CA/2955/2020 IN FAST/6563/2020 WITH CA/2956/2020 IN FAST/6563/2020 WITH CA/2958/2020 IN FAST/6573/2020 WITH CA/2966/2020 IN FAST/6577/2020 WITH CA/2967/2020 IN FAST/6577/2020 WITH CA/2950/2020 IN FAST/6598/2020 WITH CA/2976/2020 IN FAST/6598/2020 WITH CA/2962/2020 IN FAST/6602/2020 WITH CA/2963/2020 IN FAST/6602/2020 SANGITA SHRIKANT PADWAL AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THR THE DISTRICT COLLECTOR,OSMANABAD AND ORS ...

Advocate for Applicants : Mr. L. C. Patil AGP for Respondent Nos.1 & 2: Mr. S. W. Mundhe Advocate for Respondent No.3 : Mr. U. P. Giri ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 10/02/2023.

P. C. :

1.

The learned counsel for the applicants tendered on record copy of death certifcate of respondent No.2- Aditya Shrikant Padwal in the appeal. Taken on record. As per the pursis dated 14/12/2022 respondent No.1 Sangita is also no more and as per her death certifcate she has died on 09/02/2022. As such, the present respondent No.3 is only legal heir of deceased respondent Nos.1 & 2. As such, the acquiring body is directed to carry out the necessary deletion of the names of respondent Nos.1 & 2. Likewise, the learned counsel for the applicants is also permitted to delete the names of applicant Nos. 1 & 2. Necessary amendment to be carry out within one week.

2.

Stand over to 17/02/2023.

2 926 ca 2051-22+ IN CIVIL APPLICATION NO.1791 OF 2023 :- 1.

Heard rival submissions.

2.

The applicant is seeking deletion of name of applicant No.1A Suman Haribhau Padwal, who has died on 27/11/2015 by condoning the delay of 2539 days. The remaining applicant No.1-B appears to be her sole legal heir. As such, application stands allowed in terms of prayer clause- A & B.

3.

The necessary amendment be carried out by appellant acquiring body.

4.

Application No.1791 of 2023 is accordingly disposed of. 5.

Stand over to 17/02/2023.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-