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Bombay High CourtCA/3239/2022disposed off

Abdul K. Ahmed Munshi (Died) Thr Lrs Munshi Amisa Abdul Khayumsab (Died) Thr Lrs Munshi And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS

2022-03-16Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 931-CA-3239-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO.3239 OF 2022 IN FAST/38193/2017 ABDUL KHAYUM AHMED MUNSHI (DIED) THR LRS MUNSHI ANISAABDUL KHAYUMSAB (DIED) THR LRS MUNSHIAND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION OSMANABADAND ORS ...

Advocate for Applicants : Mr Apparao Yenegure AGP for Respondent-State : Mr S.G. Sangle Advocate for Respondent No.1 : Mr M.S. Kulkarni CORAM : SHRIKANT D. KULKARNI, J.

DATE : 16th March, 2022 PER COURT :

1.

It is an application moved on behalf of the original claimants so as to bring on record legal heirs of deceased Munshi Anisa Abdul Khyaumsab with the prayer of condonation of delay.

2.

Heard Mr Apparao Yenegure, learned counsel for the applicants, Mr M.S. Kulkarni, learned counsel for respondent No.3/acquiring body and Mr P.M. Kulkarni, learned AGP for respondent Nos. 1 and 2. 3.

Having considered the nature of dispute, this application needs to be allowed by condoning the delay.

ORDER

(i) The application is hereby allowed in terms of prayer clause (B) to (C).

2 931-CA-3239-2022 (ii) The applicants to bring on record legal heirs of deceased claimant - Munshi Anisa Abdul Khyaumsab by making necessary amendment in the title clause of the appeal memo.

(iii) The civil application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta