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Bombay High CourtCA/3244/2023disposed off

Gangadhar Piraji @ Pirba Biradar Died Thr Lrs Mahadev Gangadhar Biradar And ANR v. The G.M.I.D.C. Thr The Exe Engineer, Sakol Medium Project Division, Latur And ORS

2023-03-10Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 909 ca 3244-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.3244 OF 2023 IN FAST/20836/2016 WITH CA/3245/2023 IN FAST/20836/2016 GANGADHAR PIRAJI @ PIRBA BIRADAR DIED THR LRS MAHADEVGANGADHAR BIRADAR AND ANR

VERSUS

THE G.M.I.D.C. THR THE EXE ENGINEER, SAKOL MEDIUM PROJECT DIVISION, LATUR AND ORS ...

Advocate for Applicants : Mr. S. S. Chillarge AGP for Respondent Nos.15 & 16: Ms. G. L. Deshpande Advocate for Respondent No.1 : Mr. A. M. Gaikwad ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 10/03/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.3244 OF 2023 :

1.

Leave to transpose respondent Nos.2 to 14B as co-applicants and add prayer clause-A. Amendment be carried out forthwith. Leave is also granted for correcting middle name of deceased Gangadhar by mentioning his alias name.

2.

Heard rival submissions.

3.

The applicants are seeking permission to bring on record legal heirs of deceased respondent Nos.10 & 11, who admittedly died on 07/03/2018 and 04/08/2018, by condoning the respective delay as mentioned.

4.

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

2 909 ca 3244-23 5.

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

6.

Application is accordingly disposed of.

B) ORDER IN CIVIL APPLICATION NO.3245 OF 2023 :

1.

Leave to transpose respondent Nos.2 to 15B as co-applicants. Amendment be carried out forthwith.

2.

Heard rival submissions.

3.

The applicants are seeking permission to bring on record legal heirs of deceased respondent Nos.14, who admittedly died on 18/11/2022.

4.

There is no strong objection from other side and the application appears to be fled within limitation. As such considering the right to defend, the application stands allowed in terms of prayer clause-B.

5.

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

6.

Application is accordingly disposed of.

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