Rama Krishnath Naiknaware And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS

1 58 CA 3430-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 CIVIL APPLICATION NO.3430 OF 2023 IN FA/985/2022 WITH CIVIL APPLICATION NO.3420 OF 2023 IN FA/988/2022 VYANKAT D. NAIKNAWARE (DIED) RUKMINBAI V. NAIKNAWARE (DIED) THR LRS. HARIDAS V. NAIKNAWARE AND OTHERS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION, DIV. OSMANABAD AND OTHERS ....

Advocate for the Applicants : Mr. R. V. Naiknavare AGP for Respondent Nos.2 & 3 : Mr. S. S. Dande Advocate for Respondent No.1: Mr. H. D. Dhongade ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 24/04/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.3430 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of respondent No.3 Sahebrao Vyankatrao Naiknaware, who admittedly died on 27/03/2018, by condoning the delay of 1773 days. 3.

There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clause-B.

4.

The appellant - acquiring body is directed to carry out the amendment within stipulated period.

5.

Application is accordingly disposed of.

2 58 CA 3430-23+ B) ORDER IN CIVIL APPLICATION NO.3420 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of respondent No.3 Madhukar Krishnath Naiknaware, who admittedly died on 18/07/2015, by condoning the delay of 2663 days. 3.

There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clause-B.

4.

The appellant - acquiring body is directed to carry out the amendment within stipulated period.

5.

Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-