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Bombay High CourtCA/6841/2022disposed off

Dhondiba Gundiba Ambilpure (Died) Thr Lrs Santram And ORS v. The State Of Maharashtra Thr The Collector, Latur And ANR

2022-05-02Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 ca 6841.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO.6841 OF 2022 IN FA/3377/2021 DHONDIBA GUNDIBA AMBILPURE (DIED) THROUGH LRS SANTRAM DHONDIBA AMBILPURE AND OTHERS

VERSUS

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

Advocate for Applicants: Mr. Sontakke Gajanan K. AGP for Respondent No.1: Mr. A. B. Chate ...

CORAM:SHRIKANT D. KULKARNI, J.

DATE: 02nd MAY, 2022 PER COURT:

1.

It is an application to bring on record the legal heirs of original claimant Khandu Dhondiba Ambilpure. Heard Mr. G. K. Sontakke, learned Counsel for the applicants and Mr. A. B. Chate, learned AGP for the State / Respondent No.1. None present for Respondent No.2.

2.

Perused the death certificate. The claimant Khandu Dhondiba Ambilpure died on 28.04.2019 during the pendency of the appeal. Having regard

2 ca 6841.2022 to the nature of dispute, the civil application needs to be allowed by condoning the delay and setting aside the abatement if any.

ORDER

(I) The application is hereby allowed in terms of prayer clauses "B" and "C".

(II) The appellant to carry out the necessary amendment in the array of appeal memo within six

(06) weeks from today.

(III) The Civil Application is accordingly disposed of.

[SHRIKANT D. KULKARNI, J.] marathe