← Library
Bombay High CourtIA/618/2025disposed off

Ananat Baliram Sontakke (Deceased) Through Lrs. 1-Sunil Anant Sontakke v. The Special Land Acquisition Officer(Minor Irrigation Raigad -Alibag And ANR.

2025-03-20Hon'Ble Justice Sharmila U. Deshmukh2 pages

2025:BHC-AS:13376 80ia618-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.618 OF 2025 IN FIRST APPEAL (ST.) NO.33010 OF 2024 Ananat Baliram Sontakke (Deceased) Through Lrs. 1- Sunil Anant Sontakke and Ors. ... Applicants.

In the matter between :

Ananat Baliram Sontakke (Deceased) ... Appellant.

Versus

The State of Maharashtra and Anr.

... 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 27th September, 2024 after the impugned judgment and award dated 28th January, 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

80ia618-25 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 28th January, 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 10:12:08