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Bombay High CourtCA/13158/2015admittedallowedgrantedrule absolute

Ramsing Bhurasing Barwal Died Thr Lrs Pyaribai And Others v. The State Of Maharashtra And Another

2015-10-16Hon'Ble Shri Justice S V Gangapurwala1 pages

1 ca13158.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 997 CIVIL APPLICATION NO. 13158 OF 2015 IN FA/96/2015 RAMSING BHURASING BARWAL DIED THR LRS PYARIBAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Kale Ajeet B.

AGP for Respondents: Shri B.V.Vardhe ...

CORAM : S V GANGAPURWALA, J.

Dated: 16th October 2015 PER COURT :- 1.

The appeal is already disposed of. However, it is submitted that at the time it was disposed of, the appellant was already dead and the said factum of withdrawal of the amount deposited by the State was not within the knowledge of the applicants. The present C.A. is filed for bringing on record legal heirs of the deceased respondent in appeal.

2.

Considering the aforesaid aspect of the matter that it was the appellant who should have been brought legal heirs. The C.A. is allowed in terms of prayer clause (B) and (C). C.A. disposed of. ( S V GANGAPURWALA, J. ) cnd.ca13158.15