Sujabi Motilal Kamal (Died) Thr Lrs Motilal And ORS v. The Ex. Engineer, Osmanabad Minor Irrigation Osmanabad And ORS

1 979 CA-4039-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 979 CIVIL APPLICATION NO. 4039 OF 2018 IN FAST/32319/2015 SUJABI MOTILAL KAMAL (DIED) THR LRS MOTILAL AND ORS

VERSUS

THE EX. ENGINEER, OSMANABAD MINOR IRRIGATION OSMANABAD AND ORS ...

Mr. Kuldeep S. Patil, Advocate for Applicants Mr. B.R. Survase, Advocate for respondent No. 1 Mr. A.D. Namde, AGP for respondent No. 2 ....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 23rd MARCH, 2018.

Order :- 1.

This application has been moved by legal heirs of deceased respondent -Sujabi w/o Motilal Kamal for bringing them on record of first appeal filed by the acquiring body. During pendency of appeal, respondent - original claimant died.

2.

Learned counsel for appearing parties do not have any particular objection to grant the application. 3.

In view of the same, civil application is allowed in terms of prayer clause (B).

4.

The appellants are permitted to bring on record the legal heirs of deceased respondent - original claimant as shown in this civil application.

2 979 CA-4039-18 5.

The delay caused in bringing legal heirs of deceased respondent in appeal on record of first appeal stands condoned. Abatement of appeal, if any, is set aside.

6.

Appellants to carry out amendment to title clause of memorandum of appeal immediately.

[ SUNIL P. DESHMUKH ] JUDGE MTK.

3 979 CA-4039-18 WITH CA/14381/2015 IN FAST/32295/2015 WITH CA/14382/2015 IN FAST/32295/2015 WITH CA/14383/2015 IN FAST/32328/2015 WITH CA/14384/2015 IN FAST/32328/2015 WITH CA/14385/2015 IN FAST/32319/2015 WITH CA/14386/2015 IN FAST/32319/2015 WITH CA/14387/2015 IN FAST/32331/2015 WITH CA/14388/2015 IN FAST/32331/2015 WITH CA/14389/2015 IN FAST/32325/2015 WITH CA/14390/2015 IN FAST/32325/2015 WITH CA/14391/2015 IN FAST/32316/2015 WITH CA/14392/2015 IN FAST/32316/2015 WITH CA/14393/2015 IN FAST/32322/2015 WITH CA/14394/2015 IN FAST/32322/2015 WITH CA/4039/2018 IN FAST/32319/2015 WITH CA/4040/2018 IN FAST/32328/2015 WITH CA/4041/2018 IN FAST/32331/2015 WITH CA/4042/2018 IN FAST/32331/2015 WITH CA/4043/2018 IN FAST/32316/2015 WITH CA/4044/2018 IN FAST/32325/2015

4 979 CA-4039-18