Tulsiram Sidhaba Yemgar (Died) Thr Lrs. Dagadu Tulshiram Yamgar And ORS v. The State Of Maharashtra Through The Collector, Osmanabad And Others

961- C. A. No. 5709-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5709 OF 2022 IN FIRST APPEAL NO. 391 OF 2018 TULSIRAM SIDHABA YEMGAR DIED THR LRS.

DAGADU TULSHIRAM YAMGAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND OTHERS ....

Advocate for the applicant : Mr. B.K. Pawar AGP for Respondent State : Mr. P. M. Kulkarni Advocate for respondent No.2 : Mr. P.R.Tandale ....

CORAM : S. G. DIGE, J.

DATE : 29.07.2022 PER COURT :- Heard learned counsel for the applicant and learned counsel for the respondent.

2.

Learned counsel for the applicant submits that original respondent i.e. claimant Tulshiram Sindhaba Yamgar is died during the pendency of the appeal. Learned counsel for the applicant further submits that son of deceased Tulshiram Dattu is also died and his legal heirs are already taken on record. Applicants are legal heirs of the deceased hence they be taken on record. Learned counsel for the respondent submits

961- C. A. No. 5709-2022.odt that applicants have produced heirsship certifcate of Sarpanch so on that basis applicants cannot be considered as legal heirs of the deceased. Learned counsel for the applicants submits that on oath, applicants have stated that they are legal heirs of deceased and except them no legal heirs are there to the deceased if it found false, they are ready to face action. 4.

Considering submissions of both the learned counsel application is allowed.

5.

Appellant to take steps within two weeks.

( S.G. DIGE,) JUDGE ysk