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Bombay High CourtCA/3603/2022disposed off

Shahinabi Aniskha Pathan And ORS v. The Gram Panchayat Shendurni Tq.Jamner Jalgaon And ORS

2022-03-15Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

933-ca-3603-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3603 OF 2022 IN FA/118/2008 SHAHINABI ANISKHA PATHAN AND OTHERS

VERSUS

THE GRAM PANCHAYAT SHENDURNI TQ. JAMNER DIST. JALGAON AND ORS ....

Mr. V.R. Jain, Advocate for the Applicants Mr. R.S. Banik, Advocate h/f Mr. V.P. Latange, Advocate for Respondent Nos.1-A and 1-B ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 15th MARCH, 2022 PER COURT:- 1.

Heard Mr. V.R. Jain, learned counsel for the applicants and Mr. Banik holding for Mr. Latange, learned counsel for respondent nos. 1-A and 1-B. Mr. V.Y. Patil, learned counsel for respondent nos.4-a to 4-c remained absent, when matter is called out. 2.

It is revealed during the course of argument that respondent no.5 Shahenabi Mohamed Pathan in first appeal no. 118 of 2006 is reported to be dead. Her death certificate is placed on record. Her legal heirs are already on record. As such, it would be appropriate to delete the name of respondent no.5.

933-ca-3603-22

O R D E R

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

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(ii) The appellant is hereby directed to make necessary amendment in the array of appeal memo within four weeks from today.

(iii) The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane