Nivarathi Krishnaji Chikate (Died) Thr Lrs Abhimayu And ORS v. The Chief Engineer, C.R. Mumbai The Deputy Chief Ex. Engineer, C.R.Div. Solapur And ORS

CA 2943/2020 in FAST 15526/19 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2943/2020 IN FIRST APPEAL (ST.) NO.15526/2019 NIVARATHI KRISHNAJI CHIKATE (DIED), THROUGH L.RS. ABHIMANYU & OTHERS.

VERSUS

THE CHIEF ENGINEER, C.R. MUMBAI THE DEPUTY CHIEF EX.ENGINEER, C.R. DIVISION, SOLAPUR AND OTHERS.

....

Shri S.S. Halkude, Advocate for applicants.

Shri A.D. Soman Advocate h/f Shri D.V. Soman, Advocate for respondent nos.1 & 2. Shri P.M. Kulkarni, AGP for respondent nos.3 & 4. .....

CORAM: V.L. ACHLIYA, J.

DATE: 14.08.2020 PER COURT :

1] The applicant nos.1A to 1E have moved this application to substitute their names as L.Rs. of deceased Nivarathi Krishnaji Chikate who is reported to have died on 24.1.2017. 2] Heard learned counsel for the applicants, respondent nos.1 & 2 and learned AGP for respondent nos.3 & 4. 3] In view of failure to take steps on the part of appellant - acquiring body to bring names of L.Rs. of deceased respondent no.1 on record, the applicant nos.1A to 1E who claim to be L.Rs. of deceased respondent no.1, have moved this application seeking substitution of their names in the application seeking condonation

CA 2943/2020 in FAST 15526/19 - 2 - of delay.

4] Learned counsel for the appellants - acquiring body has no objection to allow the application.

5] Considering the cause assigned, the application is allowed in terms of prayer clause (B). Necessary substitution be made on the part of appellants - acquiring body in the application seeking condonation of delay as well as appeal within three weeks. 6] The application is disposed of in above terms. (V.L. ACHLIYA, J.) ndk/c148203.doc