Shankar Sayaji Bhillare (Died) Thr Lrs Anjanabai And ORS v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.9202 OF 2018 IN FIRST APPEAL NO. 1872 OF 2017 Shankar Sayaji Bhillare since decease through his Legal Representative ...Applicant

VERSUS

The State of Maharashtra and and Ors.

...Respondents

.....

Shri A.R. Devakate, Advocate for Applicant Shri S.P. Deshmukh, AGP for Respondent-State Shri A.M. Gaikwad, Advocate for Respondent No. 3

CORAM:

A.M. DHAVALE, J.

DATED :

31st July, 2018.

PER COURT :

1.

Heard learned Advocate Shri. Devakate for the applicants, Advocate Shri. A.M.Gaikwad for respondent No.3 and learned AGP for respondent No. 1 and 2.

2.

The applicants are legal heirs of sole respondent Shankar Bhillare from First Appeal No. 1872 of 2017. He has died on 11.03.2018. The First Appeal No. 1872 of 2017 was argued by learned advocates for the parties and was decided by brother Judge on 10.04.2018. The learned Advocates and my brother

(( 2 )) Judge obviously were not aware about the death of sole respondent. It is not disputed that the arguments were advanced after the death of the sole respondent.

3.

In view of this matter, the Judgment dated 10.04.2018 is in nullity. The application is moved after four months. Since the acquiring body was not aware about the death of sole respondent the abatement of the appeal deserves to be set aside. The applicants deserve to be permitted to bring themselves on record. Hence, the order.

ORDER

(I) The application is allowed.

(II) The applicants be brought on record.

(III) The Judgment in First Appeal No. 1872 of 2017 stands set aside on the ground that it was delivered against the dead person. The appeal shall proceed further as per the provisions of law.

(IV) The Acquiring Body shall carry out the amendment. The parties agree to argue the matter again tomorrow. (V) Civil Application stands disposed of.

( A.M. DHAVALE ) JUDGE mta

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