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Bombay High CourtCAF/1273/2025ca disposed off

Indal S/O Purasing Rathod v. The Collector, Yavatmal And 2 Others

2025-09-09Hon'Ble Shri Justice Pravin S. Patil2 pages

2025:BHC-NAG:8912 1 8caf1273.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1273 OF 2025 IN FIRST APPEAL NO.952 OF 2014 [D] [Indal s/o Purasing Rathod (Dead) .vs. The Collector, Yavatmal and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.S. Narwade, Advocate for Appellant.

Shri H.D. Futane, AGP for Respondent Nos.1 and 3. Shri A.M. Kukday, Advocate for Respondent No.2. .................

CORAM : PRAVIN S. PATIL, J.

DATED : SEPTEMBER 09, 2025 .

1.

By this application, applicants are claiming to be the legal heirs of appellant.

2.

To substantiate this submission, they have placed on record the death certificate and the legal heir certificate issued by the Talathi.

3.

On the strength of this documents, it is stated that they are the legal heirs of the deceased-appellant. The fact is not controverted in the matter.

4.

For the reasons stated in the application, application is allowed. Necessary correction be made in the cause title of the first appeal which is decided by this court by judgment and order dated 5.9.2023.

5.

Application stand disposed of.

CIVIL APPLICATION NO.2276 OF 2025 1.

Considering the fact that the appeal is finally decided by this court and in view of allowing the legal representatives

2 8caf1273.25.odt of Appellant to brought on record, applicants are permitted to withdraw the amount deposited by respondent no.2 in this court along with interest accrued thereon, subject to the satisfaction of the Registrar (Judicial).

2.

In view of special power of attorney in favour of Nilesh s/o Indal Rathod, he is permitted to withdraw the amount on behalf of other claimants.

3.

Application stands dispose of.

(PRAVIN S. PATIL, J.) Gulande