Anil Dattatray Wardkar And Others v. Vitthal Vishwanath Sutar Died Through Lrs Madhukar Died And Others

1 964 ca5067-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5067 OF 2019 AND WRIT PETITION NO. 4171 OF 2001 01.

Anil Dattatraya Waradkar, Age : 58 years, Occu. Service, R/o Suranwadi Chandwadkar Lane, Nasik Dist. Nasik.

02.

Baba S/o Babanrao (Died) 03.

Ramesh Manohar Mokashi, Age : Major, Occu. : Business, R/o C/o. S.P.Bhagwat, Flat No. B-101, EdenGarden Apartment, P.Y.C. Colony, Deccan Jimkhana, Pune - 411 004.

04.

Mrs. Sarita Shankar Bhagwat, Age : 70 years, Occu. Household, R/o Flat No. B-101, Eden Garden Apartment, P.Y.C. Colony, Deccan Jimkhana, Pune 411 004.

Applicant Nos. 1, 3 and 4 through Their G.P.A. Holder, Shankar Parsuram Bhagwat, Age : 82 years, Occu. : Retired, R/o Flat No. B-101, Eden Garden Apartment, P.Y.C. Colony, Deccan Jimkhana, Pune 411 004.

...Applicants

Versus

01.

Vitthal Vishwanath Sutar (died) 02.

Madhukar Vishwanath Sutar, (died) 03.

Deputy Collector Land Reforms, Aurangabad 04.

Designated Member of M.R.T. At Aurangabad

...Respondents

.......

Mr. P.P.Dawalkar, Advocate holding for Smt. C.S.Deshmukh, Advocate for the Applicants.

Mr. N.T.Bhagat, A.G.P. for the Respondent-State.

2 964 ca5067-19 .......

CORAM :

RAVINDRA V. GHUGE, J.

DATE :

26-07-2019.

ORAL ORDER :

01.

This application is filed by the original respondent in Writ Petition No. 4171 of 2001 seeking an Order that the writ petition be dismissed as abated, since the petitioners have passed away and their legal representatives have not come on record.

02.

This Court had issued notice on 15.4.2019 to the original petitioners. The bailiff report indicates that both the petitioners are reported to be dead. 03.

In view of the above, this application is allowed. Writ Petition No. 4171 of 2001 stands abated. Rule is discharged.

[RAVINDRA V. GHUGE] JUDGE Dahibhate/-