Babasaheb Bappaji Aage Died Thr Its Lrs Dattu And ORS v. The State Of Maharashtra

{1} 926 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 2578 OF 2017 IN FA/1295/2006 BABASAHEB BAPPAJI AAGE DIED THR ITS LRS DATTU AND ORS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. B.A.Dhengle & S D Ghayal (consent Obtained) AGP for respondent : Mr. S.R Yadav.

CORAM : K.K. SONAWANE, J.

DATE : 14th November, 2017.

PER COURT:

1] Heard learned counsel for the applicant and learned AGP for the respondent State of Maharashtra. Perused the application. This is an application for bringing LRs of deceased appellant on record. 2] Admittedly, one Babasaheb Bappaji Aage and Karbhari Bappaji Aage preferred the present first appeal for enhancement of compensation amount for their acquired land. During the pendency of appeal the appellant No.1 passed away on 29.1.2014. The applicants are legal heirs of deceased Babasaheb and they are intending to appear in the proceeding as co-appellant. The applicants have produced the extract of death certificate of deceased appellant No1 as well as Succession Certificate issued by the Gram Panchayat authority, on record.

3] Considering the nature of the proceeding, I do not find any impediment to allow the application. For the reasons stated in the application, the application is allowed in terms of prayer clause (B)(C) and (D). The applicants are permitted to be brought on record as co-appellants,

{2} 926 sr.no..odt being legal heirs of deceased appellant No.1. Necessary amendment be carried out within a period of three weeks.

4] The application is disposed of.

[K.K. SONAWANE] JUDGE.

grt/-