Sidu Narayan Mhaske (Died) Thr Lrs Savita And ORS v. The Ex. Engineer, K.K. M. Minor Irrigation Div. 1 Ahmednagar And ANR

1 933-CA-6147-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6147 OF 2018 IN FA/568/2014 SIDU NARAYAN MHASKE (DIED) THR LRS SAVITA AND ORS

VERSUS

THE EX. ENGINEER, K.K. M. MINOR IRRIGATION DIV. 1 AHMEDNAGAR AND ANR ...

Advocate for Applicants : Mr. Dattatraya R. Jayabhar. Advocate for Respondent No.1 : Mr. G. B. Rajale. AGP for Respondent No.2 : Mr. A. M. Phule.

...

CORAM : K.K. SONAWANE, J.

DATED : 15th JUNE, 2018.

Order :- Heard learned counsel for applicant. Perused the application. 2.

Learned counsel for applicant submits that respondent-original claimant Sidu s/o. Narayan Mhaske is died on 28th February 2017. The applicants are the legal heirs of deceased Sidu. He produced death certificate and succession certificate issued by Grampanchayat TakaliKazi, Taluka and District Ahmednagar on record. 3.

In view of reasons mentioned in application and nature of the subject matter, there is no impediment to allow the application. Accordingly, application stands allowed in terms of prayer clauses "B" and "C". The applicants - legal heirs of deceased Sidu s/o. Narayan Mhaske are permitted to be brought them as respondents on record. The delay caused in preferring the present civil application stands condoned. The abatement order is set aside.

4.

The appellant- Acquiring Body shall carry out necessary amendment for bringing legal representatives of deceased respondent Sidu s/o. Narayan Mhaske in the memo of appeal within two weeks. 5.

The civil application stands disposed of in aforesaid terms. [ K. K. SONAWANE ] JUDGE rrd.