Kondiramsingh Hiralalsingh Rajput (Died) Thr Lrs Vimalbai And ORS v. The State Of Maharashtra

1 906-CA-11076-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 11076 OF 2017 IN FA/4141/2008 WITHD CIVIL APPLICATION NO. 11077 OF 2017 IN FA/4141/2008 KONDIRAMSINGH HIRALALSINGH RAJPUT (DIED) THR LRS VIMALBAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA ...

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

DATED : 14th SEPTEMBER, 2017.

Order :- 1.

Heard learned counsel for the applicants and learned AGP for respondent -State.

2.

Present application is filed for bringing applicant No. 1-A on record as legal heir of deceased Kondiramsingh Rajpoot. There is no authentic document produced on record to show that applicant No. 1-A is legal heir of deceased Kondiramsingh Rajpoot. Moreover, it is also not explained in proper manner that applicants No. 2 and 3 being coappellant and co-sharer in the property, why they filed present application for bringing L.Rs. of co-appellant of deceased Kondiramsingh on record. In such circumstances, I do not find it justifiable to allow the applicants for bringing applicant No. 1-A on record as legal heirs of deceased Kondiramsingh for want of proof. Hence, application stands rejected.

3.

In view of dismissal of civil application No. 11076 of 2017, civil application No. 11077 of 2017 does not survive and the same stands dismissed.

[ K. K. SONAWANE ] JUDGE MTK