Dhanubai Hira Rathod (Died) Thr Lrs Bhagwan And ORS v. The Ex. Engineer, Beed Irrigation Division, Thr G.M.I.D.C., Aurangabad And ANR

{1} CA 1420 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO.1420 OF 2020 IN FAST/31737/2018 DHANUBAI HIRA RATHOD (DIED) THR.LRS.BHAGWAN HIRA RATHOD AND ORS.

VERSUS

THE EX. ENGINEER, BEED IRRIGATION DIVISION, THR G.M.I.D.C., AURANGABAD AND ANR.

...

Advocate for Applicant : Mr.V.P.Latange h/f. Mr.T.G.Gaikwad Advocate for Respondent No.1 : Mr.Sudhir G. Bhalerao AGP for Respondent No.2 : Mr.S.P.Deshmukh ...

CORAM : K.K.SONAWANE, J.

DATE: 6th February, 2020 PER COURT:- 1.

Heard learned counsel for the applicants and learned counsel appearing for respondent No.1-Acquiring Body as well as learned AGP for respondent No.2-State of Maharashtra. Perused the application and other relevant documents produced on record.

2.

Present application is fled seeking permission to allow the applicants to substitute themselves as legal heirs of deceased respondent No.1-Dhanubai Hira Rathod. The applicants produced death certifcate of Dhanubai Hira Rathod and succession certifcate issued by the Gram Panchayat, Sarfarappur, Tq.Parali, Dist.Beed.

{2} CA 1420 OF 2020 3.

Admittedly, the appellant-Acquiring Body fled proceeding of First Appeal accompanied with application for condonation of delay. Deceased Dhanubai Hira Rathod was shown as respondent No.1, being legal heir of original claimant deceased - Hira Sakharam Rathod. But, pending the proceeding, Dhanubai Hira Rathod also breathe her last breath. Rest of respondents No.2 to 4 are only her legal heirs and they are intending to substitute themselves as party respondents on behalf of deceased Dhanubai Hira Rathod.

4.

In view of aforesaid submission, there is no impediment to allow the application. Accordingly, application stands allowed in terms of prayer clause-'B' and 'C'. The delay caused in fling the present application is hereby condoned. Applicants No.1 (A) to 1 (C) are permitted to substitute themselves as party respondents in place of deceased respondent No.1 - Dhanubai Hira Rathod. 5.

Appellant-Acquiring Body to carry out the amendment forth-with.

( K.K.SONAWANE ) JUDGE SPT