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Bombay High CourtCA/11078/2017disposed offdismissed for default

Vilas Jaysing Rajput And ORS v. The State Of Maharashtra And ANR

2017-11-30Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} 919 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 11078 OF 2017 IN FA/3413/2008 WITH CA/14379/2017 IN FA/3413/2008 VILAS JAYSING RAJPUT AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. Sonaji K. Adkine AGP for Respondents: Mr. S.R. Yadav Adv. for Respondent No. 2 : Mr. D.G. Kamble CORAM : K.K. SONAWANE, J.

DATE : 30th November, 2017.

PER COURT:- 1] Heard learned counsel for the applicant. Perused the application. The learned counsel for the applicant Shri Adkine made a statement at bar that except these 3 applicants i.e. 2A to 2C, shown in the array of respondents, there are no other legal heirs of deceased - Kundansingh s/o. Raghunathsingh Rajput. He produced the certificate issued by the Gram Panchayat authority as well as death certificate of deceased claimant Kundansigh. These documents are market as "X" collectively. 2] Considering the submission made on behalf Shri Adkine and in view of the documents produced on record, there is no impediment to allow the applicants to be brought on record as LRs of deceased Kundansingh. Accordingly, the application stands allowed in terms of prayer clause (B). The delay caused in filing the application is hereby condoned. The

{2} 919 sr.no..odt abatement of proceeding following death of deceased Kundansingh stands quashed and set aside. The applicants are permitted for substitution as co-appellants in the proceedings, by requisite amendment to be carried out within two weeks. Both the civil applications stand disposed of. [K.K. SONAWANE] JUDGE.

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