← Library
Bombay High CourtCA/11122/2023admittedallowedgrantedrule absolute

Vishwanath Ranba Jagtap (Died) Thr Lrs. Vikas Vishwanath Jagtap v. The State Of Maharashtra Through The Collector, Osmanabad And ANR

2023-10-23Hon'Ble Shri Justice Kishore C. Sant2 pages

{1} 10-CA-11122-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11122 OF 2023 IN FA/2393/2019 VISHWANATH RANBA JAGTAP (DIED) THR LRS. VIKAS VISHWANATH JAGTAP

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ANR ...

Mr. L.C. Patil, Advocate for applicant.

Mr. S.S. Dande, AGP for State.

.......

CORAM : KISHORE C. SANT, J.

DATE : 23rd OCTOBER, 2023 PER COURT:

1.

This application is filed for bringing legal heirs on record. There is no averment in the present application that the present applicant is the only legal heir of deceased Vishwanath. From the certificate of Gram Panchayat also there is nothing to indicate that he is the only legal heir of the deceased. It is orally submitted that the present applicant is the only legal heir of the deceased. However, said statement is not on affidavit. This Court, therefore, finds that it would be appropriate to file fresh application by incorporating the specific averments to that effect. 2.

Learned advocate for applicant therefore seeks leave Bhagyawant Punde

{2} 10-CA-11122-2023 to withdraw the application with liberty to file fresh application. Leave granted with liberty as prayed for. Application stands disposed of as withdrawn.

[KISHORE C. SANT, J.] Bhagyawant Punde