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Bombay High CourtCA/8809/2022disposed off

Gundappa Vithal Pandharpure (Died) Thr Lrs. Dwarkabai And Others v. The State Of Maharashtra Through Collector, Latur

2022-06-20Hon'Ble Shri Justice S. G. Dige2 pages

( 1 ) 17 ca 8809.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO.8809 OF 2022 IN FA/1858/2009 GUNDAPPA VITHAL PANDHARPURE (DIED) THR LRS. DWARKABAIAND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR ...

Advocate for Applicants : Mr. Ingale Vivekanand V. AGP for Respondents/State : Mr. A.B. Chate ...

CORAM : S.G. DIGE, J.

DATE : 20th June, 2022 P.C.:- Heard learned counsel for the applicants and respondent. 2.

Learned counsel for the applicants submit that original claimantGundappa Vithal Pandharpure has died during the pendency of the appeal. Hence his legal heirs be taken on record. There is delay of 2408 days for filing this application, it be condoned.

3.

Heard learned AGP. The appeal is filed by the State against the order of trial Court. The State was not aware about the death of claimant which was the duty of the learned counsel for the respondent / claimant to inform the State about the death of respondent/claimant. Be that it may so

( 2 ) 17 ca 8809.22 the respondent-original claimant has died, hence delay for filing this application is condoned and application is allowed. Appellant to take steps within two weeks from today.

4.

Stand over to 20.09.2022.

[S.G. DIGE, J.] mub