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Bombay High CourtCA/1754/2025admittedallowedgrantedrule absolute

Mansaram Vyankat Patil Died Thr. Lrs Gopichand Sudam Patil v. The State Of Maharashtra, Through The S. L. A. O. Jalgaon And ANR

2025-07-29Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) 65-CA-1753-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 65 CIVIL APPLICATION NO. 1753 OF 2025 IN FA/482/2010 Mansaram Vyankat Patil Died Thr. Lrs Gopichand Sudam Patil

VERSUS

The State Of Maharashtra, Thr. The S. L. A. O. Jalgaon And Anr AND 66 CIVIL APPLICATION NO. 1754 OF 2025 IN FA/441/2010 ...

Mr. Milind K. Deshpande, Advocate for Applicant. Smt. M. N. Ghanekar, AGP for Respondent-State in CA/1753/2025. Mr. R. B. Dhaware, AGP for Respondent-State in CA/1754/2025. CORAM : KISHORE C. SANT, J.

DATE : 29th JULY 2025.

PC :- 1.

Learned Advocate for the applicant has filed an affidavit in terms of order dated 7th March 2025. The same is taken on record in both civil applications.

2.

These applications are filed by nephew of original appellant, deceased Mansaram Vyankat Patil. This Court, vide order dated 7th March 2025, had directed the applicant to file on record affidavit of the Ethape

( 2 ) 65-CA-1753-2025 nephew stating that there is no class-I heir of deceased Mansaram Patil. 3.

By way of affidavit, the nephew has stated in paragraph No.2 that the deceased Mansaram Patil died issueless. There is no legal heir falling under class-I as per Hindu Succession Act. The nephew happens to be a class-II heir of deceased Mansaram Patil. It is also specifically stated that there is no other class-II legal heir of the deceased Mansaram Patil. This statement is accepted. Delay in both the applications stand condoned. Both the Applications are allowed. Necessary amendment be carried out in the cause title of the appeals and applications within four weeks from today.

4.

In view of the above, Civil Applications stand disposed off. [KISHORE C. SANT, J.] Ethape