The M.K.V.D.C., Thr, Executive Engineer, Medium Project, Osmanabad And Another v. Baban S/O Mankuji Waman And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO.11333 OF 2023 IN FAST/2820/2021 WITH CA/1854/2021 IN FAST/2652/2021 WITH CA/1855/2021 IN FAST/2652/2021 WITH CA/1851/2021 IN FAST/2814/2021 WITH CA/1852/2021 IN FAST/2814/2021 WITH CA/1846/2021 IN FAST/2820/2021 WITH CA/1848/2021 IN FAST/2820/2021 WITH CA/1856/2021 IN FAST/2829/2021 WITH CA/1857/2021 IN FAST/2829/2021 WITH CA/4039/2023 IN FAST/2820/2021 WITH CA/4784/2023 IN FAST/2814/2021 SUNANDA RAMKISAN @ RAMKRISHNA WAMAN AND ORS

VERSUS

THE M.K.V.D.C., THR EX. ENGINEER, OSMANABAD MEDI. PROJ., OSMANABAD AND ANR ...

Advocate for Applicants : Mr. Shekade Shashikant E AGP for Respondents-State : Mr. A. B. Chate Advocate for Respondent No.1 : Mr. A. M. Gaikwad ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

08/09/2023 PER COURT :

The Civil Application No.11333 of 2023 is filed to bring on record legal heirs of deceased respondent No.5 in appeal. As there is no objection for the same, the application is allowed and disposed of. The appellant to carry out necessary amendment in the appeal within a period of two weeks.

2.

The learned Advocate for the applicants submits that the middle

952 CA 11333-2023 name of the father of deceased respondent No.5 appears in some places as 'Ramkisan' and in some places it appears at 'Ramkrishna", they are one and the same person. The learned Advocate submits that it may be taken as alias. The learned Advocate is permitted to take both names as alias.

3.

For the reasons stated in all the applications for condonation of delay of 529 days caused in filing the appeal, the said applications are allowed and disposed of.

4.

In the civil application filed for Stay, the learned Advocate for the applicants submits that the amount has been deposited in this Court as per the directions of this Court. In view of the same, the ad-interim Stay order passed by this Court dated 04/02/2021, in the applications for stay, is confirmed. The applications stand disposed of.

5.

In Civil Application No.4784 of 2023, the learned Advocate for the applicants submits that in the main Judgment of the Reference Court, name of respondent No.4 is appeared in the main Judgment inadvertently. He, therefore, applied to the Reference Court Misc.

952 CA 11333-2023 Application No.180 of 2023 praying for deletion of the name of respondent No.4 (original petitioner No.4). By order dated 31/07/2023, in Misc. Application No.180 of 2023, the name of the original petitioner No.4 Ajinath s/o Vishwanath Shekade, presently respondent No.4 is deleted. In view of the same, the appellant is permitted to delete the name of respondent No.4 Ajinath s/o Vishwanath Shekade from the appeal memo. The order of the learned District Judge-2, Beed is taken on record and marked 'X' for identification.

6.

All applications filed for withdrawal of amount be listed on 29/09/2023.

( ARUN R. PEDNEKER, J. ) vj gawade/-.