Shankar J Katkari Alias Shankar N. Pawar Dec.1- Ramdas Shankar Pawar And ANR. v. The State Of Maharashtra Thr. A.The Special Land Acquisition B. Sub Divisional Officer

2025:BHC-AS:13374 79ia611-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.611 OF 2025 IN FIRST APPEAL (ST.) NO.29520 OF 2024 Shankar Janu Katkari alias Shankar Nanu Pawar (since deceased) through LRs.Ramdas Shankar Pawar and Anr.

... Applicants.

In the matter between :

Shankar Janu Katkari alias Shankar Nanu Pawar ... Appellant.

Versus

The State of Maharashtra and Ors.

... Respondents.

----- Ms. Deepa Punde i/b Mr. Sachin Punde for the Applicants. Ms. Leena Patil for the Respondent No. 2.

Mr. A. R. Patil, AGP for the Respondent-State. ----- Coram : Sharmila U. Deshmukh, J.

Date : March 20, 2025 P. C. :

1.

Interim Application has been preferred seeking leave to file Appeal.

2.

Applicants are the legal heirs of sole Claimant who expired on 23rd June, 2021 after the impugned judgment and award dated 4th May, 2019 was passed by Reference Court. As the Applicants are aggrieved by the impugned judgment and award, the present Appeal has been preferred. However, as subsequently the sole Claimant expired, present Application has been taken out by the legal heirs for leave to file Appeal.

sa_mandawgad 1 of

79ia611-25 3.

Learned Counsel appearing for the Respondents do not dispute the position that sole Claimant had expired after the impugned judgment and award was passed on 4th May, 2019. 4.

As the legal heirs were not party to the Reference Court proceedings, leave to file Appeal is required to be obtained. 5.

In the light of above position, interim Application is allowed in terms of prayer Clause (A).

[Sharmila U. Deshmukh, J.] sa_mandawgad 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 24/03/2025 10:07:22