Partly allowed

Kusum Shriram Bhosale and Ors. v. Shripad Shankarrao Burkule and Ors.

Bombay HC22 Mar 2018CA/15344/2017

Case brief

AI extract

What is this about?

Coram Wadane, J., in Civil Application No. 15344 of 2017 (filed in FA/1260/2005), corrected an operative order by deleting references to deceased respondents, ruling that no compensation could be granted to parties who had died during the appeal's pendency.

What did the court decide?

Modified the operative order by deleting the names of deceased respondents 4 and 5 regarding compensation.

Kusum Shriram Bhosale and Ors. Vs Shripad… — Civil Procedure and Limitation | Bombay HC (2018)

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ca15344..17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD

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938 CIVIL APPLICATION NO. 15344 OF 2017
IN FA/1260/2005

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KUSUM SHRIRAM BHOSALE AND ORS
VERSUS
SHRIPAD SHANKARRAO BURKULE AND ORS

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...

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Advocate for Applicants : Mr. Kale Mahesh P.
Advocate for Respondent no.3 : Mr. V. N. Upadhye
.....

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CORAM : K.L.WADANE, J.
DATED : 22nd March, 2018

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O R D E R :

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This is an application filed by original

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claimants for correction of the operative order,
dated 14.8.2017, passed in First Appeal No. 1260
of 2005.

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2.Learned counsel for the applicants submits
that during pendency of First Appeal No. 1260 of
2005 before this Court, respondent nos. 4 and 5
have died, however, at the time of passing of
order, this fact was not brought to the notice of
this Court. Therefore, the amount of compensation
is granted to the appellant as well as respondent
nos. 4 and 5. This position is not disputed by
the learned counsel for the respondent.

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2ca15344..17

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3.In view of death of respondent nos. 4 and
5 during the pendency of appeal, there is no
questionofgrantingthemcompensation.
Therefore, the operative order to that effect
stands modified. In the operative order, in 4th
line, words “and respondents no. 4 and 5” shall be
deleted. Order stands corrected as aforesaid.
Issue corrected copy accordingly.

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 (K.L.WADANE, J.)

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dbm

Kusum Shriram Bhosale and Ors. v. Shripad Shankarrao Burkule and Ors.

Case brief

What is this about?

What did the court decide?

Kusum Shriram Bhosale and Ors. v. Shripad Shankarrao Burkule and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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