Mokinda Rambhau Tandle (Died) Thr Lrs. Vasant Mokinda Tandle And ORS v. Exe. Engineer, Beed Minor Irrigation Div., Under G.M.I.D.C., Aurangabad And Others

(1) 37 CA-8838.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8838 OF 2022 IN FAST/3299/2013 WITH CA/3625/2013 IN FAST/3299/2013 WITH CA/1837/2015 IN FAST/3299/2013 WITH CA/10377/2014 IN FAST/3299/2013 MOKINDA RAMBHAU TANDLE (DIED) THROUGH LRS.

VASANT MOKINDA TANDLE AND OTHERS

VERSUS

EXECUTIVE ENGINEER, BEED MINOR IRRIGATION DIVISION UNDER G.M.I.D.C., AURANGABAD AND OTHERS ...

Mr. G.B. Kingre, Advocate for the applicants. Mr. B..R. Surwase, Advocate for respondent No. 1. Mr. S.R. Yadav-Lonikar, A.G.P. for respondent Nos.2 and 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

17.08.2022.

ORDER:- 1.

The offce note says that frst name of deceased i.e. respondent No.3 in the appeal, differs in his death certifcate. However, on going through the certifed copy of the judgment passed by the learned Reference Court, it appears that the name of respondent No. 3 is Mukind s/o Rambhau Tandale which is correctly mentioned in the death certifcate. In fact, the learned Counsel for the appellant - Acquiring Body has mentioned the name of respondent No. 3 incorrectly. Leave to correct the same.

(2) 37 CA-8838.2022.odt 2.

Leave to correct name of applicant No.1-C. The present application is for bringing the legal representatives of deceased respondent No. 3 on record, who died on 23 October 2019 as per the copy of death certifcate annexed. However, considering the right to defend, the legal representatives of deceased respondent No. 3 need to be brought on record. As such, the delay of 767 days in bringing the legal representatives on record stands condoned. The appellant - Acquiring Body i.e. present respondent No.1 is directed to carry out the amendment as mentioned in para -1 of the application within the stipulated period.

3.

The Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde