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Bombay High CourtCA/1849/2021delay condonatedrejected

The M.K.V.D.C., Thr, Executive Engineer, Medium Pro. Osmanabad And Another v. Punja S/O Maruti Waman (Dead) Thr Lrs. Gitabai W/O Punja Waman And Others

2023-09-08Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.9097 OF 2023 IN FAST/2824/2021 WITH CA/1849/2021 IN FAST/2824/2021 WITH CA/1850/2021 IN FAST/2824/2021 WITH CA/4040/2023 IN FAST/2824/2021 PUNJA S/O MARUTI WAMAN (DEAD) THR LRS. GITABAI W/O PUNJA WAMAN (DIED) THR LRS. RAGHUNATH AND ORS

VERSUS

THE M.K.V.D.C., THR, EXECUTIVE ENGINEER, MEDIUM PRO. OSMANABAD AND ANR ...

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

CORAM :

ARUN R. PEDNEKER, J.

DATE :

08/09/2023 PER COURT :

In Civil Application No.9097 of 2023, the learned Advocate for the applicants submits that respondent No.2 has expired and the legal heirs of said deceased respondent, in terms of 1a and 1b are not made parties as they are already on record. The learned Advocate for the appellant to carry out necessary amendment in the appeal memo indicating that respondent No.1a Gitabai has expired and her legal heirs are on record. The application is allowed and disposed of. 2.

In Civil Application No.1849 of 2021, for the reasons stated in

941 CA 9097-2023 the application for condonation of delay of 527 days caused in filing appeal, is allowed and disposed of.

3.

In Civil Application No.1850 of 2021, 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 Stay order passed by this Court dated 04/02/2021, is confirmed. Application is disposed of.

4.

List the Civil Application No. 4040 of 2023, filed for withdrawal of compensation amount, on 29/09/2023.

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