Vishwanath Apparao Shinde Died Through His Lrs And ORS v. The Executive Engineer And ORS

930-ca-389f-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 389 OF 2025 IN FAST/7971/2023 VISHWANATH APPARAO SHINDE DIED THROUGH HIS LRS AND ORS

VERSUS

THE EXECUTIVE ENGINEER AND ORS ...

Advocate for Applicant : Mr. Namdev D Kendre Advocate for Respondent No.1 : Mr. Ruturaj C Patil ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

26th FEBRUARY, 2025 P.C.:

1.

The present appeal is filed challenging judgment and award dated 21.12.2021 passed in Land Acquisition Reference No.383 of 2017. The original petitioner in the said reference was one Vishwanath Shinde. He had expired while the reference was pending and thereafter names of his sons were brought on record as his legal representatives. One of the legal representatives namely Bhausaheb Vishwanath Shinde expired on 01.11.2018 while the reference was pending. The reference is decided thereafter on 21.12.2021. However, the estate of the original claim petitioner Vishwanath Shinde was represented by other two sons namely Dilip and Balasaheb. The reference did not abate. It is the legal

930-ca-389f-2025.odt representatives of deceased Bhausaheb Shinde have moved the present Civil Application seeking impleadment of their names in place of deceased Bhausaheb Shinde.

2.

Without going into the technicalities of the matter, in my considered opinion the application deserves to be allowed. The delay caused in moving application is condoned. Names of application Nos.1/1, 1/2 and 1/3 are permitted to be impleaded as legal representatives of deceased Bhausaheb Shinde. Necessary amendment to be carried out within two weeks from today. [ROHIT W. JOSHI J.] Narwade/