Bombay High CourtCA/15260/2019disposed off

Kautilal Audumbar Kasab (Dead) Thr Lrs Audumbar And ORS v. The State Of Maharashtra And ANR

2022-08-18Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 932 ca 13152-21+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO.13152 OF 2021 IN FAST/8995/2017 WITH CA/4989/2017 IN FAST/8995/2017 WITH CA/15260/2019 IN FAST/8995/2017 WITH CA/15259/2019 IN FAST/8995/2017 KAUTILAL AUDUMBAR KASAB (DEAD) THR LRS AUDUMBAR (DIED) CHANDRAKALA (DIED) THR LRS. DILIP AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ANOTHER ...

Advocate for Applicants : Mr. A. S. More AGP for Respondent No.1: Mr. S. R. Yadav Advocate for Respondent No.2 : Mr. R. A.Tambe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 18/08/2022.

P. C. :

IN CIVIL APPLICATION NO.13152 OF 2021 :

By way of this application, the legal heirs of Audumbar Tatyaba Kasab, who admittedly died on 18/06/2021, are seeking deletion of his name since his all legal heirs are already on record. 2.

In view of the same, the respondent No.1 - acquiring body is directed to delete the name of deceased respondent i.e. Audumbar Tatyaba Kasab from the title of main appeal memo within the stipulated period. Accordingly, the application stands disposed of. In CIVIL APPLICATION NO.15260 OF 2019 :- 1.

The applicants being the legal heirs of deceased Chandrakala Audumbar Kasab, who is respondent No.1/2 in the main appeal, have fled this application for bringing themselves on record.

2 932 ca 13152-21+ 2.

Admittedly, Chandrakala has expired on 30/07/2012 as per the death certifcate annexed. However, considering the right to defend, her legal heirs as mentioned in title clause in the application, are required to be brought on record even by condoning delay of 2605 days. Accordingly, for the reasons mentioned in the application, the application is hereby allowed and the respondent No.2- acquiring body is directed to carry out the amendment in the main appeal as per the title clause of this application within stipulated period. Accordingly, the application stands disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-