Ambaji Renu Rathod (Died) Thr Lrs Chandrbhagabai Died Thr Lrs Baburao A. Rathod And ORS v. The Ex. Engineer, Osmanabad Minor Irrigation Gmidc,Aurangabad And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO.643 OF 2023 IN FA/1526/2021 AMBAJI RENU RATHOD (DIED) THR LRS CHANDRBHAGABAI DIEDTHR LRS BABURAO A. RATHOD AND ORS

VERSUS

THE EX. ENGINEER, OSMANABAD MINOR IRRIGATION GMIDC,AURANGABAD AND ORS ...

Advocate for Applicants : Mr. R. D. Biradar AGP for Respondent Nos.2 & 3: Mr. S. S. Dande Advocate for Respondent No.1 : Mr. B. P. Survase ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 03/04/2023.

P. C. :

A) ORDER IN FIRST APPEAL NO.1526 OF 2021 :

1.

Heard rival submissions.

2.

The appellant acquiring body is strictly directed to carry out the amendment as per order dated 26/04/2022 forthwith. B) ORDER IN CIVIL APPLICATION NO.643 OF 2023:

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring legal heirs of Chandrabhagabai Ambaji Rathod i.e. respondent No.2 in main appeal, on record. However, it appears that all the legal heirs of Chandrabhagabai, who admittedly died on 29/06/2016,are already on record. As such, there is no need to bring them separately on record. Thus, the appellant acquiring body is directed to delete the

2 12 ca 643-23 name of respondent No.2 Chandrabhagabai from title clause of the appeal. Amendment be carried out forthwith.

3.

Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-