The G.M.I.D.C., Thr The Ex. Engineer, Beed Irrigation Division, Beed And ORS v. Sahjeba Vithal Mundhe (Died) Thr Lrs Vasant Sahebrao Mundhe

{1} CA 3332 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 990 CIVIL APPLICATION NO.3332 OF 2020 IN FAST/34128/2018 THE G.M.I.D.C., THR THE EX. ENGINEER, BEED IRRIGATION DIVISION, BEED AND ORS

VERSUS

SAHJEBA VITHAL MUNDHE ...

Advocate for Applicant-Acquiring Body : Mr.Anil M.Gaikwad AGP for Applicants-State : Mr.S.P.Tiwari ...

CORAM : K.K.SONAWANE, J.

DATE: 13th March, 2020 PER COURT:- 1.

Heard learned counsel for the applicant-Acquiring Body. Perused the application and other relevant documents produced on record.

2.

It has been contended that sole respondent-Sahjeba Vithal Mundhe in the proceeding of First Appeal (Stamp) No.34128 of 2018, is no more and the applicant-Acquiring Body is intending to bring legal heirs of deceased respondent-Sahjeba Vithal Mundhe, on record. Therefore, the applicant-Acquiring Body preferred present application. But, it appears that applicant-Acquiring Body produced the documents of death certifcate and succession/heirship certifcate on record of the person namely Sahebrao Vithal Mundhe. It appears from the original

{2} CA 3332 OF 2020 decree passed by the learned Reference Court in LAR No.62 of 2005, that Sahjeba Vithal Mundhe was the original claimant in the said proceeding. In such circumstances, documents about death and succession/heirship certifcate issued in the name of Sahebrao Vithal Mundhe cannot be taken into consideration at the instance of applicant-Acquiring Body for bringing the legal heirs of deceased respondent-Sahjeba Vithal Mundhe, on record. Therefore, application deserves to be dismissed. 3.

Accordingly, application stands dismissed. No order as to costs.

( K.K.SONAWANE ) JUDGE SPT