Jijabai Narayan Dahiphale (Died) Thr Lrs Vanmalabai Venkatrao Lahane And ORS v. The State Of Maharashtra Thr The Collector, Latur And ANR

1079.21CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1079 OF 2021 IN FIRST APPEAL NO.1222 OF 2018 Jijabai W/o Narayan Dahiphale (Died) Through Legal Representative

1. Vanmalabai W/o Venkatrao Lahane and others.

.. APPLICANTS

VERSUS

The State of Maharashtra and others.

.. RESPONDENTS ...

Mr.G.K. Sontakke, Advocate for the applicants.

Mr.A.A. Jagatkar, AGP for the respondent - State.

Mr.S.G. Sangle, Advocate for respondent no.1. ...

CORAM : V.L.ACHLIYA,J.

DATE : 21.01.2021 ORAL ORDER :

The applicants-claimants have preferred this application to bring their names on record as legal representative of deceased Jijabai Dahiphale for the reasons set out in detail in the application.

2.

In brief, it is the contention of learned counsel for the applicants that during pendency of appeal, the respondent no.1 - Jijabai has died in the year 2006. The

1079.21CA.odt applicants are the legal representatives of deceased Jijabai Narayan Dahiphale. Since the legal representatives are not brought on record, the applicants have moved this application to substitute their names as legal representative of deceased Jijabai.

3.

Learned counsel for the appellant - acquiring body submits that he has no objection to allow the application. However, he submits that one of the legal representative of deceased Jijabai is already on record.

4.

On due consideration of submissions advanced and considering the cause assigned, the application is allowed in terms of prayer clauses "B" and "C". Necessary substitution be carried out within one week.

5.

The application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE SGA