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Bombay High CourtCA/10455/2021disposed off

Rajvirendra Panchakshriappa Matwale (Died) Thr Lrs. Kaveri And Others v. The State Of Maharashtra Through The District Collector, Nanded And Others

2022-01-11Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 902-CA-10455-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10455 OF 2021 IN FIRST APPEAL NO. 1961 OF 2020 RAJVIRENDRA PANCHAKSHRIAPPA MATWALE DIED THROUGH L.R'S AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Advocate for Applicants : Mr G.N. Chincholkar AGP for Respondent Nos. 1 and 3 : Mr S.G. Sangle Advocate for Respondent No. 2 : Mr V.S. Solshe CORAM : SHRIKANT D. KULKARNI, J.

DATE : 11th JANUARY, 2022 PER COURT :

1.

Mr G.N. Chincholkar, learned counsel for the applicants submits that he would remove the office objections immediately. His statement is taken on record.

2.

Heard Mr G.N. Chincholkar, learned counsel for the applicants, Mr S.G. Sangle, learned AGP for the State/respondent No. 3 and Mr V.G. Solshe, learned counsel for respondent No.2/acquiring body. 3.

Perused the death certificate and heirship certificate issued by the competent authority.

4.

It is revealed that applicant-Rajvirendra Panchakshriappa Matwale died on 25.04.2021. This application is moved on 1st September,

2 902-CA-10455-2021 2021. Due to Pandemic-19, the Hon'ble Supreme Court has extended the limitation period. As such, there is no delay on the part of the applicants in moving this application. The application needs to be allowed.

ORDER

(i) The application is hereby allowed in terms of prayer clause (A) and (B).

(ii) The applicants to carry out necessary amendment in the array of appeal memo.

(iii) The Civil Application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] mta