Dhondiba Natha Bibve Thr Lrs Vilas And ORS v. The Executive Engineer, Urdhava Pravara Dharan Vibhag, Ghulewadi Thr Gmidc Aurangabad And Another

CA-3764-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3764 OF 2018 IN FIRST APPEAL [STAMP] NO. 29176 OF 2015 Dhondiba Natha Bibve, deceased, through legal representatives :- Vilas s/o Dhondiba Bibve and anr.

.. Applicants vs The Executive Engineer and another .. Respondents ---- Mr. Dnyaneshwar A. Bide, Advocate for applicants Mr. A. N. Gaddime, Advocate for respondent no. 1 Mr. Shashibhushan P. Deshmukh, Assistant Government Pleader for respondent no. 2 CORAM :

SUNIL P. DESHMUKH, J.

DATE :

9th April, 2018 ORDER :

1.

This application has been moved by legal heirs of deceased respondent No. 1 - Dhondiba Nathu Bibve for bringing them on record of first appeal filed by the acquiring body. During pendency of appeal, respondent No. 1 - original claimant died.

2.

Learned counsel for respondent no. 1 and learned Assistant Government Pleader for respondent no. 2 do not have any particular objection to grant the application.

CA-3764-18.doc 3.

In view of the same, civil application is allowed in terms of prayer clauses (B) to (D).

4.

The applicants are permitted to bring on record the legal heirs of deceased respondent No. 1 - original claimant as shown in this civil application.

5.

The delay caused in bringing legal heirs of deceased respondent No. 1 in appeal on record of first appeal stands condoned. Abatement of appeal, if any, is set aside. 6.

Appellants to carry out amendment to title clause of memorandum of appeal immediately.

7.

Civil application is accordingly disposed of. SUNIL P. DESHMUKH, JUDGE pnd