Shamrao Govindrao Koli Lrs Sheshrao And Others v. The State Of Maharashtra Thro. Collector Latur And Others

997-CA-694-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 694 OF 2018 IN SECOND APPEAL NO. 17 OF 2017 Shamrao Govindrao Koli (Deceased) Through L.Rs.

Sheshrao Shyamrao Koli and Others ..APPLICANTS

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.P. Urgunde, Advocate for applicants Mr. Ravi Khandebharad, Advocate h/f Mr. S.M. Vibhute, Advocate for respondent no.4 Mr. R.G. Nirmal, Advocate h/f Mr. V.V. Kabade, Advocate for respondent no.7 ....

CORAM : R.G. AVACHAT, J.

DATE : 13th SEPTEMBER, 2022 PER COURT :

1.

Heard learned counsel for the applicants and learned counsel for the contesting parties.

2.

This Court, vide order dated 13th July, 2017, dismissed the second appeal observing that the second appeal stood abated for want of taking steps to bring on record legal representatives of deceased - Respondent No.10. The said order is now sought to be recalled by the present application. 1 / 2

997-CA-694-18.odt 3.

The record indicates that deceased - Respondent No.10 was a formal party. Respondent Nos.1 to 9 were very much before the Court. Respondent Nos.4 to 9 were contesting the second appeal. In the interest of justice, present civil application deserves to be allowed in terms of prayer clause (A).

( R.G. AVACHAT, J. ) SSD 2 / 2