Motilal S/O Gangaram Kanojia And ANR v. State Of Mah. Thr. Sub Divsnl Officer And Land Acq. Officer And ANR

2024:BHC-NAG:7156 1 3-CAF-414-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 414 OF 2024 IN FIRST APPEAL NO. 947 OF 2012 MOTILAL GANGARAM KANOJIYA AND ANOTHER Vrs.

STATE OF MAHARASHTRA AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri P. P. Pendke, AGP for respondent No.1.

Shri P. Sagdev, Advocate h/f Shri M. M. Agnihotri, Advocate for respondent No.2.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 05/07/2024.

1.

This is an application to bring on record death of appellant No.1.

2.

It is contended that appellant No.1 died on 16/02/2022 at Akola. He is not having wife or children. He is already divorced by decree of divorce in HMP Case No.200/2013 dated 15/01/2014.

3.

It is prayed that appellant No.2 is second class heir as per the Succession Act. Therefore, it is prayed that to delete the name of appellant No.1.

4.

Learned advocate for the appellant is directed to carry out amendment accordingly.

5.

The application is disposed of.

6.

The appellant No.2 is served on the death of his counsel. On the death of counsel, he is duly served but

2 3-CAF-414-24.odt remained absent. Therefore, it would be proper to proceed with the appeal in his absence.

7.

Stand over to 18/07/2024.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 09/07/2024 12:44:51