Tukaram Shivram Lute Died Lrs Rukhminbai And ORS v. The Collector, Nanded And ANR

ca14573.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14573 OF 2016 IN FA/143/1997 TUKARAM SHIVRAM LUTE DIED LRS RUKHMINBAI AND ORS

VERSUS

THE COLLECTOR, NANDED AND ANR ...

Advocate for Applicants : Mr. M.D. Narwadkar AGP for Respondents: A.M. Phule .....

CORAM : V. K. JADHAV, J.

DATED : 6th JANUARY, 2017 PER COURT:- 1.

Learned counsel for the applicants submits that though the respondent original claimant died during pendency of the appeal, his legal heirs were not brought on record. Learned counsel submits that the applicants legal heirs have no knowledge about pendency and dismissal of the appeal. Learned counsel submits that in connected matter, wherein deceased Tukaram had preferred an appeal No. 144 of 1997 even after dismissal of the said appeal, by order dated 16.12.2016, in civil application No. 14572 of 2016 this Court has taken the present applicants being legal heirs of deceased Tukaram on record.

2.

In view of the above submissions and for the reasons stated in he civil application, civil application is allowed in terms of prayer clause "B" and disposed of.

( V. K. JADHAV, J.) rlj/