The Single Judge allowed the civil application preferred by the State of Maharashtra to bring the legal heirs of the deceased sole respondent on record in a first appeal, excluding one already dismissed.
The applicant is permitted to bring the legal heirs of the deceased sole respondent on record on the First Appeal and pending Civil Application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
G.A.Ghule [P.A.]
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD. CIVIL APPELLATE JURISDICTION.
Civil Application No.3506 Of 2007. In First Appeal (Stamp) No.18289 Of 2004.
C.A.No.3506/07.
The State of Maharashtra Through the Spl.L.A.O., Jalgaon :: Applicant. V e r s u s Narayan Hari Sonwane :: Respondent.
Appearance =>
Mrs. V.A. Shinde, A.G.P. for the State of Maharashtra.
CORAM : K.K. Tated, J. DATE : 22nd August, 2014.
Per Court :-
Heard the learned A.G.P. for the State of Maharashtra. Though the respondent is duly served, no one appeared on his behalf, when called out.
[2] This Civil Application is preferred by the State of Maharashtra for bringing the legal heirs on record of deceased sole respondent – Narayan Hari Sonwane, who died on 29th June, 2002.
[3] The learned A.G.P. submits that they learnt about the death of sole respondent – Narayan when the notices issued by this court returned unserved. She further submits that, in the present proceedings, reference
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court passed Judgment and Award dated 12th January, 2000 in L.A.R. No.1056/1998 and they preferred First Appeal in the year 2004. In between the same, sole respondent – Narayan expired. Hence, there is delay in preferring the present Civil Application.
[4] Considering the submissions made by the learned A.G.P. for the State and averments made in the Civil Application, I satisfied that the Applicant has made out case for allowing this Civil Application.
[5] Office has already made noting in cause title of the Civil Application that present Civil Application stands dismissed against one of the legal heirs of deceased Respondent i.e. Mangala Prakash Gaikwad. Hence, following order is passed :-
ORDER
(I) The Applicant is permitted to bring the legal heirs of deceased sole respondent – Narayan as stated in paragraph No.3, on record except Mangala Prakash Gaikwad in First Appeal and pending Civil Application.
(II) Appropriate amendment be carried out within eight weeks from today; failing which, Civil Application shall stands dismissed without back reference to the Court.
(K.K. TATED, J.)
1 issue framed by the court
Whether the civil application to bring legal heirs of the deceased sole respondent on record should be allowed.
State of Maharashtra
Narayan Hari Sonwane
Mangala Prakash Gaikwad
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
