Ramesh Iranna Vakse (Died) Thr Lrs Nilabai Ramesh Vakse v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

922 ca.149.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

922 CIVIL APPLICATION NO.149 OF 2022 IN FA/3214/2018 RAMESH IRANNA VAKSE (DIED) THROUGH LRS NILABAI S/O RAMESH VAKSE

VERSUS

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

Advocate for Applicant : Mr. G. K. Sontakke.

AGP for Respondent/State: Mr. S. G. Sangle.

Advocate for Respondent No.3: Mr. Jeevan R. Patil, h/f Mr. Gulab B. Rajale. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

07th January, 2022.

P.C.:

.

Mr. Sontakke, learned counsel for applicant seeks leave to make necessary corrections in respect of the name of respondent No.3. Leave granted as prayed.

Heard Mr. Sontakke, learned counsel for applicant, Mr. Sangle, learned AGP for respondent Nos.1 and 2 so also Mr. Patil, holding for Mr. Rajale, learned counsel for respondent No.3/acquiring body. Perused the death certificate of original claimant Ramesh Iranna Vakse. The original claimant died on 10th November, 2021. The present applicant No.1/A is the only legal heir as widow to be brought on record. The application needs to be allowed. Hence, the following

922 ca.149.22.odt order is passed:

O R D E R

I.

The application is hereby allowed in terms of prayer clause (B).

II.

Respondent No.3/original appellant-acquiring body shall carry out necessary amendment in the array of appeal memo by bringing on record the legal heir of original claimant within a period of one month from today.

III.

Nilabai W/o. Ramesh Vakse (widow) is permitted to withdraw the amount of compensation as per the order passed earlier by this Court dated 4th December, 2021 in Civil Application No.12918 of 2021 in First Appeal No.3214 of 2018 with connected matters.

IV.

The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga