Asaram Paraji Chaval (Died) Thr Lrs. Annapurnabai Asaram Chaval And ORS v. The State Of Maharashtra Through The Collector, Parbhani And ORS

910CA7389.2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7389 OF 2023 IN FIRST APPEAL NO. 2233 OF 2018 Asaram Paraji Chaval (died), through LRs - Annapurnabai Asaram Chavan & Ors.

... Applicants

Versus

The State of Maharashtra through the Collector & Ors.

... Respondents ...

Mr. Deepak M. Kakade - Advocate for appellant Mr. A. B. Chate - AGP for respondent/State Mr. B. R. Surwase - Advocate for respondent no. 3 ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 21st JUNE, 2023 PER COURT :

1.

Heard learned advocates appearing for the respective parties.

2.

By this application, the applicants are seeking to bring on record the LRs of the deceased - appellant / Asaram P. Chaval, who died during the pendency of the appeal. 1/2

910CA7389.2023 3.

The application is supported by the death certificate. The contents of the application are not controverted by the respondents. Hence, there is no impediment in granting the application. The following order is passed.

ORDER

[i] The application is allowed.

[ii] The delay of 330 days caused in filing the present application is condoned.

[iii] The applicant nos. 1 to 3 are permitted to be brought on record as the legal heirs of the original appellant - Asaram Paraji Chaval.

[iv] Abatement order is set aside.

[ S. G. CHAPALGAONKAR ] JUDGE SG Punde 2/2