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Bombay High CourtCA/15892/2016admittedallowedgrantedrule absolute

Keraba Bapu Kharat Since Deceased Thr His Lrs Vaijantabai And ORS v. The State Of Maharashtra And Others

2017-01-06Hon'Ble Shri Justice V.K. Jadhav1 pages

ca15892.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15892 OF 2016 IN FA/2349/2015 KERABA BAPU KHARAT SINCE DECEASED THR HIS LRS VAIJANTABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. More Abhijit S. AGP for Respondents: Mr. B.V. Virdhe .....

CORAM : V. K. JADHAV, J.

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

Learned counsel for the applicants submits that during pendency of first appeal, the appellant No.1 Kerba died, however, his L.Rs. were not brought on record. Learned counsel submits that the applicants are rustic villagers and they could not approach their counsel and inform him about the death of original appellant No.1. 2.

I have also heard learned A.G.P. for the respondent State. None present for respondent No.3 acquiring body. 3.

In view of above and for the reasons stated in the civil application, civil application is allowed in terms of prayer clauses "B", "D", "E" and "F" and disposed of.

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