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Bombay High CourtCA/1849/2019disposed off

Siddeshwar Mahada Sarvade v. The State Of Maharashtra And ORS

2021-07-08Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare3 pages

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15724 OF 2011 IN FIRST APPEAL NO.1029 OF 2009 SHIVABAI JAISING KAMBLE

VERSUS

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION AND OTHERS WITH CIVIL APPLICATION NO.1851 OF 2019 IN FA/1029/2009 SHIDDESHWAR MAHADA SARVADE (DIED) THROUGH L.RS. AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO.2343 OF 2019 IN FA/1029/2009 BHAURABAI SIDDHESHWAR SARVADE

VERSUS

MIDC, LATUR AND OTHERS WITH CIVIL APPLICATION NO.8339 OF 2015 WITH CIVIL APPLICATION NO.1849 OF 2019 WITH CIVIL APPLICATION NO.5812 OF 2016 IN FA/1029/2009 SIDDESHWAR MAHADA SARVADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

*2* ...

Advocate for the Applicants in CA 15724/11 : Shri M.P.Gude Advocate for the Applicants in CA 1851/2019, 8339/2015, 5812/2016 : Shri R.D.Biradar Advocate for the Applicants in CA 2343/2019 : Shri V.D. Salunke Advocate for Respondents 2 to 4 in CA 15724/2011 : Shri R.D. Biradar Advocate for Respondents 7 and 8 in CA 15724/2011: Shri S.S.Halkunde Advocate for the MIDC : Shri S.S. Dande Advocate for Respondent No.4 : Shri C.V. Thombre AGP for the respondents/ State : Shri S.R. Yadav Lonikar ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ.

DATE :- 08th July, 2021 P er Court : - (a) Civil Application No.15724/2011:- 1.

This Civil Application is filed by Shivabai Jaising Kamble, which is pending for the last 10 years. Shivabai intends to file certain documents.

2.

In view of the above, this Civil Application No.15724/2011 is disposed off by granting liberty to the applicant (Shivabai) to produce the said documents when the First Appeal is heard finally. (b) Civil Application Nos.1851/2019 and 2343/2019 :- 3.

The first Civil Application No.1851/2019 is filed by Sunanda Sarvade claiming to be the wife of Siddheshwar, respondent No.3 in the

*3* First Appeal. The second Civil Application No.2343/2019 is filed by Bhaurabai Sarvade, who also claims to be the wife of Siddheshwar. 4.

The learned advocates representing both these applicants shall produce the documents before us to indicate as regards the legal marriage performed by Siddheshwar with either of them vis-a-vis as to who is the first wife of the deceased Siddheshwar. 5.

Considering the request of both the learned advocates representing these two ladies, stand over to 22.07.2021. (c) Civil Application No.8339/2015 :- 6.

Considering the above controversy, this Civil Application No.8339/2015 filed by late Siddheshwar on 24.06.2015 seeking withdrawal of amount, does not survive and stands disposed off. (d) Civil Application Nos.

1849/2019 and 5812/2016 :- 7.

In view of the above, Civil Application Nos.1849/2019 and 5812/2016 filed by the same Siddheshwar (now deceased) for withdrawal of amount, would not survive and stands disposed off. kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)