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Bombay High CourtCA/10065/2025disposed off

Vithal Kashiram Patil Died Through Lrs Janardhan Vithal Patil And Others v. The State Of Mah . Through Its Collector Latur And ANR.,

2025-09-19Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:25649 1 37-CA 10065-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10065 OF 2025 IN FA/1287/2006 Vithal Kashiram Patil Died Through L.Rs. Janardhan Vithal Patil And Others .. Applicants

Versus

The State Of Maharashtra Through Its Collector, Latur And Another .. Respondents Mr. H. B. Nandagavale, Advocate h/f Mr. Vijay G. Sakolkar, Advocate for the Applicants.

Smt. R. R. Tandale, AGP for Respondent/State. CORAM : KISHORE C. SANT, J.

DATE : 19th SEPTEMBER, 2025.

PER COURT :- .

Heard.

2.

This application is for bringing legal representative of applicant No. 3 - original appellant No. 3 deceased Gopalrao on record. A further prayer is made to allow the applicants to withdraw the amount deposited by the respondents in the office of this Court pursuant to judgment and order passed by this Court in First Appeal No. 1287/2006 by order dated 06.03.2024.

2 37-CA 10065-2025.odt 3.

After the judgment came to be passed, applicant No. 3 unfortunately died on 19.04.2024. The applicant Nos. 3/A to 3/D are the legal heirs of deceased Gopalrao. They are granted heirship certificate by the learned Joint Civil Judge Junior Division, Udgir dated 11.10.2024.

4.

For the reasons stated in the application, delay stands condoned. The applicant Nos. 3/A to 3/D are allowed to be shown as legal heirs of deceased Gopalrao.

5.

So far as withdrawal of the amount is concerned, since the amount is already deposited in this Court, the applicants are permitted to withdraw the amount deposited in this Court along with accrued interest.

6.

The civil application stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.