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Bombay High CourtCA/13669/2021disposed off

Premnath Raghunath Gaikwad (Died) Thr Lrs Hirakanabai And ORS v. The State Of Maharashtra And ANR

2022-04-01Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

915-ca.13669.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

915 CIVIL APPLICATION NO.13669 OF 2021 IN REJECTED CASE/84/2020 IN FAST/33637/2018 PREMNATH RAGHUNATH GAIKWAD (DIED) THR LRS HIRAKANABAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Ajeet B. Kale.

AGP for Respondent/State: Mr. P. M. Kulkarni. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

01st April, 2022.

P.C.:

.

It is an application to bring on record legal heirs in a rejected case initiated by the State.

Heard Mr. Kale, learned counsel for applicants Mr. Kulkarni, learned counsel for respondent Nos.1 and 2.

Original claimant Premnath Raghunath Gaikwad died on 25th April, 2016. However, his legal heirs were not brought on record and the application came to be abated. The State has initiated the appeal. The State has not taken necessary steps to restore the appeal. Now, the amount of compensation deposited by the State is lying with the Registry and this Court was pleased to allow the claimants to withdraw the same while allowing Civil Application No.13670 of 2021. As such,

915-ca.13669.21.odt this application needs to be allowed. Hence, the following order is passed:

O R D E R

I.

The application is hereby allowed in terms of prayer clauses 6(B) and (C).

II.

Civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga