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Bombay High CourtCA/706/2015disposed offdismissed for default

Anant Tatesaheb Shinde And Others v. The Vasantrao Naik Marathwada Krishi Vidyapeeth, Parbhani And Another

2015-01-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 706 OF 2015 IN WP/6594/2014 ANANT TATESAHEB SHINDE AND OTHERS

VERSUS

THE VASANTRAO NAIK MARATHWADA KRISHI VIDYAPEETH, PARBHANI AND ANOTHER Advocate for Applicants :Mr. Rajendra Deshmukh S.& Avinash Deshmukh AGP for Respondents-State: Mr. V. D. Rakh Advocate for Respondent No.1 : Mr. M. N. Navandar

CORAM

: S. V. GANGAPURWALA & V. L. ACHLIYA , JJ.

DATE :

23rd January, 2015 PER COURT :

1.

We have heard learned counsel for the respective parties. 2.

The present application is for bringing on record the legal heirs of deceased petitioner No. 17. According to Mr. Navandar, the learned counsel for the non applicants, the cause to sue does not survive. Now the present applicants who are sought to be brought on record as legal heirs would be concerned to the extent of monetary relief. In case the petitioners do not succeed, then naturally the respondents would claim recovery of increments which were already awarded to the deceased. There would be liability on the estate of the deceased in that case. 3.

In the light of above, the civil application is allowed in terms of prayer clause (B). Necessary amendment be carried out within 14 days. Civil application disposed of. (V. L. ACHLIYA, J.) ( S. V. GANGAPURWALA, J. ) JPC 1/1