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Bombay High CourtFA/1739/2020disposed off

Kalyanrao Rajeshwarrao Mokashe (Died) Thr Lrs Kavita And ORS v. The State Of Maharashtra And ORS

2025-07-24Hon'Ble Shri Justice Abhay S. Waghwase1 pages

2025:BHC-AUG:19409

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 931 FIRST APPEAL NO. 1739 OF 2020 KALYANRAO RAJESHWARRAO MOKASHE (DIED) THR LRS KAVITA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ......

Advocate for Appellant : Mr. Mahesh P. Kale AGP for Respondent - State : Mr. N. D. Batule Advocate for Respondent No.3 : Mr. Sham B. Patil ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 24 JULY 2025 PER COURT :- 1.

Heard on the point of maintainability.

2.

Learned counsel Mr. Patil for acquiring body is questioning the maintainability of First Appeal. He sought reliance on the case of Diwakar Prabhakar Chopade v. Sub-Divisional Officer (LAO), Aurangabad reported in AIROnline 2019 Bom 1045.

3.

Learned counsel for appellant Mr. Kale has fairly submitted that in view of settled position, he has no objection to pass appropriate order. 4.

First Appeal being not maintainable, the same stands disposed off. 5.

Appellant is at liberty to file appropriate proceedings. ( ABHAY S. WAGHWASE, J. ) Tandale