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Bombay High CourtCA/1076/2020disposed offdismissed for default

Vijay Balaji Kawade (Died) Thr Lrs Balaji Kondiba Kawade And ANR v. Santosh Kirtikumar Hatte And ORS

2020-01-29Hon'Ble Shri Justice K. K. Sonawane1 pages

{1} CA 1076.20 sr. no.949.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.1076 OF 2020 IN FA/864/2018 VIJAY BALAJI KAWADE (DIED) THR LRS BALAJI KONDIBA KAWADE AND ANR

VERSUS

SANTOSH KIRTIKUMAR HATTE AND ORS ...

Advocate for Applicants : Mr. N.L Dhobale AGP for Respondent No.1: Mr. R.B. Bagul.

Adv. For respondent No.3 : Mr. m.b. Paithankar. CORAM : K.K. SONAWANE, J.

DATE : 29th JANUARY, 2020.

PER COURT:

Heard learned counsel for the applicant. Perused the application. There are no documents produced on record showing that applicants are legal heirs of deceased respondent No.1 Vijay Balajai Kawade against whom the respondent/appellant fled appeal and agitated the impugned judgment and award passed by the learned Commissioner, in WCA No. 15 of 2017. In such circumstances, present application cannot be entertained to allow the applicant to intervene in the present proceeding being legal heirs of deceased Vijay. Therefore, the application being inapt, stands dismissed.

[K.K. SONAWANE] JUDGE.

Grt/-.