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Bombay High CourtCA/14356/2019dismissedrule discharged

Kashinath Karbhari Toge (Died) Thr Lrs Radhabai And ORS v. The State Of Maharashtra And ANR

2019-12-12Hon'Ble Shri Justice Mangesh S. Patil1 pages

32.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CIVIL APPLICATION NO.14356 OF 2019 IN FA/1061/2019 KASHINATH KARBHARI TOGE (DIED) THR LRS RADHABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. Shekade Shashikant E. AGP for Respondent No. 1 : Mr. Y.G. Gujrathi.

CORAM

: MANGESH S. PATIL, J.

DATE : 12/12/2019 PER COURT :

It appears that after the claimants were allowed to withdraw the amount, the respondent No. 1 Kashinath has died. Though the other two respondents are co-claimants, there is one more son of Kashinath who is now seeking to be brought on record as a legal representative. 2.

The application is misconceived, still apparently due to the anxiety to withdraw the money, the application has been filed when it should have been filed by the Acquiring Body which has preferred the appeal. 3.

Be that as it may, the application is allowed. The two of the legal representatives of Kashinath are already on record. His son Bhausaheb is allowed to be brought on record. The appellant to carry out necessary amendment in the appeal-memo within two weeks. 3.

The Civil Application is disposed of.

( MANGESH S. PATIL, J. ) mkd 1/1