Namdev Mahadu Kadav (Dead)Thr. Sulochana Namdev Kadav (Dead)Thr. Lrs Suvarna Suresh Bhopi And ORS. v. The State Of Maharashtra Thr. The Special Land Acquistion And Sub-Divisional Officer And ANR.

78 Ia-627-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 627 OF 2025 IN FIRST APPEAL st. NO. 29517 OF 2024 Namdev Mahadu Kadav Since deceased Thr. Legal Heirs :

...Applicants.

In the matter between :

Namdev Mahadu Kadav (Deceased).

...Appellant.

Versus

State of Maharashtra and Another.

...Respondents.

------ Ms. Deepa Punde i/b SachinPunde 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 24th January 2022 after the impugned judgment and award dated 18th 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 Patil-SR 1 of

78 Ia-627-2025.doc leave to file Appeal.

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 18th 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.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 20/03/2025 20:17:48