Lotan Zinga Pawar Died Thr. Lrs Chanubai And ORS. v. The Divisional Officer, Midc Nashik

951 ca 714.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO. 714 OF 2017 IN FA/2797/2009 WITH CA/1286/2012 IN FA/2797/2009 WITH CA/1287/2012 IN FA/2797/2009 WITH CA/9328/2013 IN FA/2797/2009 WITH CA/13274/2013 IN FA/2797/2009 WITH CA/715/2017 IN FA/2797/2009 LOTAN ZINGA PAWAR DIED THR. LRS CHANUBAI AND ORS.

VERSUS

THE DIVISIONAL OFFICER, MIDC NASHIK ...

Advocate for Applicants : Kale Ajeet B.

AGP for Respondents: S.P. Sonpawle ...

CORAM : V.K. JADHAV, J.

DATE : 20-01-2017.

P.C. :

1.

The learned counsel for the applicants submits that, during pendency of the appeal, the respondent no.1 died. Death certificate is also produced along with the application. The learned counsel appearing for the respondent acquiring body has no objection if the legal representatives of respondent no.1 original claimants are taken on record. I have also heard the learned A.G.P. for the respondent state.

2.

In view of the above and for the reasons stated in the application the application is allowed in terms of prayer clause 'B' and 'C'. Civil application is accordingly disposed of. 3.

The learned counsel for the applicant submits that, as per the order passed by this court dated 07.10.2011, the applicants

951 ca 714.17.odt have withdrawn the amount by furnishing bank guarantee, however, due to the recurring expenses on furnishing such bank guarantee this application is filed. I do not find any substance in this application and the same is hereby rejected.

(V.K. JADHAV) JUDGE mub