-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1618 OF 2008 IN FIRST APPEAL NO.615 OF 1991 Mahammad Yusuf Abdul Raheman Patel (since deceased by his LRs) 1/1 Mariyambibi Mahammad Yusuf Patel and Others .. Applicants. Vs. The State of Maharashtra & Ors .. Respondents. Mr.Uday P.Warunjikar for respondent nos.3 and 7. Ms.S.P.Manchekar AGP for the respondent-State. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATED : 25TH SEPTEMBER, 2008. DATED : 25TH SEPTEMBER, 2008. DATED : 25TH SEPTEMBER, 2008. PC: PC: PC: . We have decided First Appeal Nos.615 of 1991 and 383 of 1993 by the common judgment rendered today. The applicants in this application claim to be legal heirs of some of the original claimants and more particularly grand-children of Mohammed Yousuf Abdul Rehman Patel. He was the sole owner. Mr.Warunjikar, the learned counsel for the appellants in First Appeal No.383 of 1993 submitted that there is no prima facie evidence in support of the claim made by these applicant and he denies any relationship the applicants have with Shri Mohammad Yousuf Abdul Rehman Patel, who is no more. The issue of successor cannot be decided by us and at -2- the same time it will not be proper for us to unsuit the applicants without providing them the remedy to approach the appropriate forum. 2. Hence the application is disposed and if the applicants so desire they may approach the competent subordinate forum so as to adjudicate upon their claim of the legal heirs for some of the LRs of late Shri Mohammad Yusuf Abdul Rahman Patel. We direct that enhanced compensation payable as per impugned award and as per judgment rendered by us today in First Appeal Nos.615 of 1991 and 383 of 1993 shall not be disbursed for a period of six weeks from today. The writ to go to the Collector forthwith. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)