Naarsappa S/O Vithal Bukkawar Died Through Lrs. Ansuyabai Narsappa Bukkawar And Others v. Naganne Pappanna Died Through Lrs. Yalubai Naganna Dandelwar And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14832 OF 2015 IN WRIT PETITION NO. 3667 OF 1993 NAARSAPPA S/O VITHAL BUKKAWAR

VERSUS

NAGANNE PAPPANNA AND ORS ...

Advocate for Petitioner : Mr. D.R. Bhadekar AGP for Respondents 2 to 6: Mr. P.N. Kutti .....

CORAM : V. K. JADHAV, J.

DATED : 23rd NOVEMBER, 2017 PER COURT:- 1.

Learned counsel for the applicants submits that original petitioner No.3 Nagorao died during pendency of this writ petition i.e. on 25.8.2011 leaving behind widow and three children. Learned counsel submits that the legal representatives of petitioner No.3 Nagorao are illiterate persons and they are belonging to Scheduled Tribe. Learned counsel submits that they have filed this application with the help of applicant No.4 herein, who at present, is looking after them. None appears for respondent nos. 1-a to 1-b. Learned A.G.P., who appears for respondent Nos. 2 to 6, has not resisted the application seriously.

2.

In view of above and for the reasons stated in the application, application is allowed in terms of prayer clauses "B" and "C'. Civil application is disposed of. Amendment be carried out forthwith.

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Learned counsel for the applicants-petitioners seeks leave to annex the inter-party judgment delivered at principal seat at Bombay on 13/14.11.1968 in Special civil application 1803 of 1964 (with Civil application No. 3376/64). Leave to annex the judgment with mutation entry.

4.

Place the writ petition on 12.12.2017, in urgent category. ( V. K. JADHAV, J.) rlj/