Allowed

Bahiru Rangnath Gunjal, Died Thr. L.Rs. Sushila Haribhau Wagh Died Thr Lrs Haribhau and Ors. v. the State of Maharashtra and Ors.

Bombay HC14 Dec 2017CA/5831/2017

Case brief

AI extract

What is this about?

This application seeks admission of legal heirs as substitute appellants after the death of the original appellant. The High Court condoned the delay, allowed the application, set aside abatement, and permitted amendments to record the legal heirs.

What did the court decide?

Application allowed; delay condoned; abatement set aside and quashed; applicants permitted to be brought on record as appellants; directed to amend title clause.

Bahiru Rangnath Gunjal, Died Thr. L.Rs… — Civil Procedure and Limitation | Bombay HC (2017)

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1 939 CA-5831-17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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939 CIVIL APPLICATION NO. 5831 OF 2017

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IN FA/1486/2012

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BAHIRU RANGNATH GUNJAL, DIED THR. L.RS. SUSHILA HARIBHAU WAGH DIED THR LRS HARIBH

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VERSUS

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THE STATE OF MAHARASHTRA AND ORS

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Advocate for Applicant : Mr. Mahesh R. Sonwane AGP for Respondent No. 1 : Mr. S.J. Salgare

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Advocate for respondents No. 4 to 6 : Smt. Asha D. Rakh Advocate for respondent No. 7 Mr. S.R. Bagal

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CORAM : K.K. SONAWANE, J.

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DATED : 14^th DECEMBER, 2017.

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Order :-

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Heard learned counsel for appearing parties. Despite service of notice none appears for respondent No. 2 - Acquirng Body as well as other respondents-original claimants.

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Perused the application and relevant documents produced on record. Learned counsel submits that the deceased Appellant Sushila and co-appellant Sau. Kusum filed appeal against impugned judgment and award passed by learned Reference Court in LAR No. 213 of 1989. However, pending the appeal, Sushila breathed her last in the year 2015. The applicants are L.Rs. Of the deceased Sushilabai Wagh. The appellants produced the documents of succession certificate issued by Corporator as well as death certificate of the deceased appellant Sushila Wagh. The applicants also filed affidavit on record contending that they are only legal heirs of the deceased Sushila.

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Considering the nature of subject-matter and submissions

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2 939 CA-5831-17

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on the part of applicants, there is no impediment to allow the applicants to pursue the present appeal being L.Rs. Of the appellant Sushila Wagh. Hence, application stands allowed. Abatement of the proceeding following death of appellant Sushila stands set aside and quashed. The delay caused in filing the present application is hereby condoned. The applicants are permitted to brought on record as an appellants being legal heirs of deceased appellant of Sushila Wagh. Accordingly, applicants to carry out necessary amendments in the title clause of the appeal memo within two weeks from today.

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Accordingly, application stands allowed in above terms and the same stands disposed of.

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Sd/- [ K. K. SONAWANE ] JUDGE

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MTK.

Bahiru Rangnath Gunjal, Died Thr. L.Rs. Sushila Haribhau Wagh Died Thr Lrs Haribhau and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Bahiru Rangnath Gunjal, Died Thr. L.Rs. Sushila Haribhau Wagh Died Thr Lrs Haribhau and Ors. v. the State of Maharashtra and Ors.

Case brief

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What did the court decide?

What the court decided

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