Premnath Raghunath Gaikwad (Died) Thr Lrs Hirkanbai And ORS v. The State Of Maharashtra And ANR

{1} CA 792 OF 2020 & ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.792 OF 2020 IN RC/84/2020 PREMNATH RAGHUNATH GAIKWAD (DIED) THR LRS HIRKANABAI AND ORS

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THE STATE OF MAHARASHTRA AND ANR ...

937 CIVIL APPLICATION NO.798 OF 2020 IN RC/85/2020 MARUTI GENE SURYAWANSHI (DIED) LRS SONABAI AND ORS

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THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr.M.R.Malpani h/f. Mr.Ajeet B. Kale AGP for Respondents No.1 & 2 : Mr.Y.G.Gujrathi and Mr.S.P.Deshmukh in respective matters.

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CORAM : K. K. SONAWANE, J.

Date: January 23, 2020 ...

PER COURT :- 1.

Heard learned counsel for the applicants and learned AGP for respondent-State of Maharashtra. Perused the applications and other relevant documents placed on record. 2.

It appears that the appellant-State of Maharashtra preferred First Appeal (Stamp) No.33637 of 2018 against respondent-claimant Premnath Raghunath Gaikwad and First Appeal (Stamp) No.33633 of 2018 against respondent-claimant Maruti Gena Suryawanshi (Kilje). But pending the appeals, the sole respondent-claimant in respective matters passed away.

{2} CA 792 OF 2020 & ANR Their legal heirs were not brought on record by the appellantState of Maharashtra. Therefore. proceedings stand abated against sole respondent-claimant in respective matters after efflux of stipulated period. Therefore, the applicants have no way concerned at all with the aforesaid proceedings as their names are not brought on record on behalf of the appellantState of Maharashtra by adopting the legal procedure. 3.

In such circumstances, both the applications being inapt and premature stand dismissed.

( K.K.SONAWANE ) JUDGE SPT