Girjabai Apparao Hudage Died Lrs Sudhakar And ORS v. Godavari Marathwada Irrigation Development Corporation Through Its Executive Engineer Latur And ANR

1 923-CA-2234-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 2234 OF 2017 IN FA/1526/2012 GIRJABAI APPARAO HUDAGE DIED LRS SUDHAKAR AND ORS

VERSUS

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THROUGH ITS EXECUTIVE ENGI ...

Advocate for Applicants : Mr. G. K. Sontakke Advocate for Respondent No. 1 : Mr. S.G. Sangle AGP for Respondent No. 2: Mr. S.R. Yadav ....

CORAM : K.K. SONAWANE, J.

DATED : 16th NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for parties.

2.

Perused the application. It has been submitted that original claimant/respondent-Girjabai Apparao Hudge is no more and passed away in the month of 2012. The applicants are legal heirs of Girjabai and they are intending to cause their appearance in this appeal as party respondents. The matter pertains to the land acquisition proceedings. Therefore, the applicants prayed to allow them to appear in the proceedings as party respondent by condoning the delay for setting aside its abatement order following death of respondent - Girjabai.

3.

In view of nature of the subject-matter and reasons mentioned in the application, the same stands allowed in terms of prayer clauses "B" and "C". The abatement proceeding

2 923-CA-2234-17 following death of respondent -Girjabai stands quashed and set aside to condone the delay for the same. The appellant -Acquiring Body is hereby directed to carry out requisite amendment by bringing L.Rs. of deceased Girjabai on record as shown in the present application within two weeks from today. 4.

The Civil application stands disposed of accordingly. Sd/- [ K. K. SONAWANE ] JUDGE MTK