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Bombay High CourtCA/1323/2022disposed off

Gulabben Bhagwandas Shah (Died) Thr Lrs. Meena Bhausaheb Loya v. The State Of Maharashtra Through The Collector, Aurangabad And Others

2022-02-23Hon'Ble Shri Justice Shrikant D. Kulkarni1 pages

1 922-CA-1323-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO.1323 OF 2022 IN FA/1869/2010 GULABBEN BHAGWANDAS SHAH (DIED) THR LRS. MEENA BHAUSAHEB LOYA

VERSUS

THE STATE OF MAHARASHTRA THROUGH HE COLLECTOR, AURANGABAD AND OTHERS ...

Advocate for Applicant : Ms Neha Kamble h/f Mr S.V. Adwant AGP for Respondent No. 1/State : Mr S.G. Sangle CORAM : SHRIKANT D. KULKARNI, J.

DATE : 23rd February 2022 PER COURT :

1.

Ms Neha Kamble holding for Mr S.V. Adwant, learned counsel for the applicant points out the pursis which is placed on record long back on 3rd October, 2009. She points out that the appellant No.1 - Smt. Gulabben Bhagwandas Shah was expired on 10th February, 2008.

2.

Appellant No. 2 happens to be the daughter of late appellant No.1 Smt. Gulabben Bhagwandas Shah. Respondent No. 14 happens to be the son of the deceased - Smt. Gulabben Bhagwandas Shah. It is also pointed out that they are already on record and as such, the proceedings will not abate. The appellant No.2 has right to prosecute the appeal in the above scenario. 3.

Having regard to the submissions of Ms Neha Kamble, learned counsel for the appellant and objection raised by the office does not remain. 4.

The appeal to proceed further.

( SHRIKANT D. KULKARNI, J.) mta