Goroba Mukinda Waghmare Died Thr Lrs Sitabai And ORS v. The State Of Maharashtra Thr Collector Osmanabad

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.3438 OF 2019 IN FA/65/2016 WITH CA/3437/2019 IN FA/1243/2013 WITH CA/9232/2021 IN FA/65/2016 WITH CA/9233/2021 IN FA/1243/2013 GOROBA MUKINDA WAGHMARE DIED THR LRS SITABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD Mr M.S. Deshmukh, Advocate h/f Mr Vivekanand V. Ingale, Advocate for applicants Mr P.M. Kulkarni, A.G.P. for respondent/State CORAM : SHRIKANT D. KULKARNI, J.

DATE : 9th DECEMBER, 2021 PER COURT :

1.

These are the applications moved by the applicants to substitute certain grounds in the appeal memos.

2.

Heard Mr M.S. Deshmukh, learned Advocate holding for Mr Vivekanand V. Ingale, learned Advocate for applicants and Mr P.M. Kulkarni, learned A.G.P. for respondent/State.

3.

On perusing the record, it is noticed that both the first appeals are admitted. Now, the appellants are seeking to substitute certain grounds by way of amendment.

4.

Mr Kulkarni, learned A.G.P. for the State though opposed to allow these applications, I do not find any force in the objection. The respondent/State has right to defend those grounds and no prejudice would be caused to the State/respondent.

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ORDER

(i) Both the Civil Applications are hereby allowed in terms of prayer clause (B).

(ii) After carrying out the amendment, the copy of appeal memo be served on A.G.P.

(iii) Both the Civil Applications disposed of accordingly. (iv) List the matters on 13th January 2022.

( SHRIKANT D. KULKARNI, J.) vvr