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Bombay High CourtCA/12905/2021admittedallowedgrantedrule absolute

The Ex. Engineer, Medium Project Div. Osmanabad v. Shivanand Vishwanath Talwar And ORS

2024-11-29Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:28045 ( 1 ) ca9605.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 12901 OF 2021 IN FA/2999/2021 THE EX. ENGINEER, MEDIUM PROJECT DIV. OSMANABAD

VERSUS

VIJAYSINHA BABARAO MISAL AND ORS WITH CIVIL APPLICATION NO. 12897 OF 2021 IN FA/2996/2021 WITH CIVIL APPLICATION NO. 12899 OF 2021 IN FA/3000/2021 WITH CIVIL APPLICATION NO. 12905 OF 2021 IN FA/2997/2021 WITH CIVIL APPLICATION NO. 9605 OF 2024 IN FA/3000/2021 Mr.S.G. Bhalerao, Advocate for the applicant-acquiring body. Ms. Mrunal Andhare h/f. Mr. A.B. Kale, Advocate for respondentsclaimants. Mr.K.N. Lokhande, AGP for the respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 29.11.2024 PC :- CIVIL APPLICATION NO. 9605 OF 2024 01.

This application is filed for bringing on record legal representatives of deceased Gangabai Sidram Kadbane - original claimant/respondent in the appeal. There is delay of 2949 days caused

( 2 ) ca9605.24 in filing the application. Applicant No. 4a is the only legal heir of deceased Gangabai, as per certificate issued by Sarpanch, Khed, Tq. Lohara, Dist. Dharashiv.

02.

Considering that the respondent in the appeal - Gangabai is the claimant who was to receive compensation, the application is allowed by condoning the delay. Necessary amendment be carried out within two weeks from today.

CIVIL APPLICATIONS FOR STAY 01.

Since the amount of compensation is already deposited in this Court along with interest by the appellant, there shall be stay to the impugned judgment and award till disposal of the appeal. 02.

The civil applications are accordingly allowed and are disposed off.

[KISHORE C. SANT, J.] snk/2024/nov24/ca9605.24