-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO. 3109 OF 2008 ALONG WITH CIVIL APPLICATION NOS. 3110/08, 3112/08, 3113/08, 3114/08, 3115/08, 3116/08, 3117/08, 3118/09, 3119/08, 3120/08, 3121/08, 3122/08, 3123/08, 3124/08, 3865/08 AND 1382/08 (FOR MODIFICATION OF THE ORDER DATED 21/06/2007) AND CIVIL APPLICATION NOS.126/2008, 1380/08, 1381/08, 2421/08, 3111/08 AND 6074/08 (FOR BRINGING LEGAL HEIRS ON RECORD) CIVIL APPLICATION NO.3109/2008 IN FIRST APPEAL NO. 646 OF 1995 T.J. Thakur since deceased through Dashrath T. ) Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3110 OF 2008 IN FIRST APPEAL NO. 787 OF 1995 Dattatraya K Thakur since deceased through ) Baliram D Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH -2- CIVIL APPLICATION NO. 3112 OF 2008 IN FIRST APPEAL NO. 785 OF 1995 Kundlik K Thakur since deceased through ) Nirabai Kundalik @ Pundalik Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3113 OF 2008 IN FIRST APPEAL NO. 747 OF 1995 Kundalik T Thakur since deceased through ) Nirabai Kundalik @ Pundalik Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3114 OF 2008 IN FIRST APPEAL NO. 781 OF 1995 Trimbak J Thakur since deceased through ) D. T. Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3115 OF 2008 IN -3- FIRST APPEAL NO. 809 OF 1995 Trimbak J Thakur since deceased through ) D T Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3116 OF 2008 IN FIRST APPEAL NO. 815 OF 1995 Mahadev Shama Thakur ).. Applicant Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3117 OF 2008 IN FIRST APPEAL NO. 813 OF 1995 Trimbak J Thakur since deceased through ) D T Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3118 OF 2008 IN FIRST APPEAL NO. 786 OF 1995 -4- Kundalik T Thakur since deceased through ) Nirabai Kundalik @ Pundalik Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3119 OF 2008 IN FIRST APPEAL NO. 784 OF 1995 S T Thakur since deceased through ) Pushpalata S Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3120 OF 2008 IN FIRST APPEAL NO. 785 OF 1995 Ramchandra B Thakur since deceased through ) Jeejabai R Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3121 OF 2008 IN FIRST APPEAL NO. 790 OF 1995 Trimbak J Thakur since deceased through ) Dashrath T Thakur and others ).. -5- Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3122 OF 2008 IN FIRST APPEAL NO. 808 OF 1995 Kundalik T Thakur since deceased through ) Nirabai Kundalik @ Pundalik Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3123 OF 2008 IN FIRST APPEAL NO. 810 OF 1995 Ramchandra B Thakur since deceased through ) Jejabai R Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3124 OF 2008 IN FIRST APPEAL NO. 814 OF 1995 Kundalik T Thakur since deceased through ) Nirabai Kundalik @ Pundalik Thakur and others ).. Applicants -6- Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 3865 OF 2008 IN FIRST APPEAL NO. 865 OF 1995 Dattatraya K Thakur since deceased through ) Baliram Dattatraya Thakur ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 1382 OF 2008 IN FIRST APPEAL NO. 783 OF 1995 Surendra K Somany ).. Applicant Versus State of Maharashtra ).. Respondent ALONGWITH CIVIL APPLICATION NO. 126 OF 2008 IN FIRST APPEAL NO. 784 OF 1995 S T Thakur since deceased through ) Pushpalata S Thakur and others ).. Applicants -7- Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 1380 OF 2008 IN FIRST APPEAL NO. 838 OF 1995 Kashinath B Bhoir since deceased through ) Balaram K. Bhoir and another ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 1381 OF 2008 IN FIRST APPEAL NO. 789 OF 1995 Kashinath B Bhoir since deceased through ) Balaram K Bhoir and another ).. Applicants Versus State of Maharashtra and another ).. Respondents WITH CIVIL APPLICATION NO. 2421 OF 2008 IN FIRST APPEAL NO. 865 OF 1995 Dattatraya K Thakur since deceased through ) Baliram Dattatraya Thakur ).. Applicants Versus State of Maharashtra ).. Respondent -8- WITH CIVIL APPLICATION NO. 3111 OF 2008 IN FIRST APPEAL NO. 787 OF 1995 Dattatraya K Thakur since deceased through ) Baliram D Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent WITH CIVIL APPLICATION NO. 6074 OF 2008 IN FIRST APPEAL NO. 790 OF 1995 Trimbak J Thakur since deceased through ) Dashrath T Thakur and others ).. Applicants Versus State of Maharashtra ).. Respondent Mr S S Kulkarni for the Applicants in all the Civil Applications except Civil Application No.1382/2008. Mr P S Dani for the Applicants in Civil Application No.1382/2008. Mr A R Patil, Assistant Government Pleader, for the State. CORAM : SWATANTER KUMAR, C.J. & S, C. DHARMADHIKARI, J. DATED : 23RD JANUARY 2009 P.C. It is not disputed on behalf of the State that the Applicants are entitled to receive interest and all statutory benefits. In view of the -9- statement made, all the Civil Applications for modification of the Order dated 21st June 2007 are allowed to that extent. 2. Civil Application Nos.126/2008, 1380/2008, 1381/2008, 2421/2008, 3111/2008 and 6074/2008 for bringing legal heirs on record are allowed subject to just exceptions and with a specific direction that from the date of death of the deceased till bringing the legal heirs on record, the legal heirs will not be entitled to interest. 3. All the Civil Applications are disposed of accordingly. CHIEF JUSTICE S.C. DHARMADHIKARI, J.