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Bombay High CourtCA/3797/2018disposed offdismissed for default

The Executive Engineer, Nimna Dudhna Project, Division Sailu, Thr Pramod And ORS v. Vitthal Tukaram Khose (Died) Thr Lrs Sundarabai And ANR

2018-07-12Hon'Ble Shri Justice V.L. Achliya2 pages

22-CA-3797-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CIVIL APPLICATION NO. 3797 OF 2018 IN FA/1321/2016 THE EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT, DIVISION SAILU, THR PRAMOD AND ORS

VERSUS

VITTHAL TUKARAM KHOSE (DIED) THR LRS SUNDARABAI AND ANR ...

Advocate for Applicants : Mr.Arora Shyam C AGP for Respondents:

Advocate for Respondents : Mr.

Advocate for Respondents : Mr.

Advocate for Respondents : Mr.

Advocate for Respondents : Mr.

Copy Not Served On Mr. V. D. Bhise For R/2 ....

CORAM : V.L. ACHLIYA, J.

DATED : 12th JULY, 2018 PER COURT:- 1.

Heard.

2.

This application is filed for bringing legal heir of deceased respondent no.1 on record.

3.

Learned counsel for the applicant submits that respondent no.1 reported to be dead on 31.10.2015 leaving behind his wife Sundarabai Vitthal Khose as only legal heir to inherent the estate of the deceased.

22-CA-3797-2018 4.

Considering the fact that the appeal is already admitted and the cause survives to proceed with the appeal, the application is allowed in terms of prayer clause 'B' and 'C'. 5.

Necessary substitution be carried out forthwith. 6.

In view of the order passed in the connected appeals, which were disposed of in Lok Adalat on 22.04.2018, the appeal be placed before the Lok Adalat scheduled to be held on 14.07.2018.

( V.L. ACHLIYA ) JUDGE SPR