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Bombay High CourtCA/5150/2018disposed offdismissed for default

Anil Asaram Mirge Died Thr Lrs Latabai And ORS v. The Ex. Engineer, Lower Dudhna Project Selu, Now Ex. Engineer Jalna And ORS

2018-04-13Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

ca5149-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5149 OF 2018 IN FIRST APPEAL NO.1984 OF 2016 Anil Asaram Mirge (Died) Through LRs and Others APPLICANTS

VERSUS

The Ex. Engineering Lower Dudhna Project & Ors. RESPONDENTS .......

Mr. Deepak M. Kakade, Advocate for the appellant Mr. S. P. Deshmukh, AGP for respondent - State .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 13 th APRIL, 2018 ORDER :

1.

During pendency of the first appeal, sole respondent in the first appeal died. This is an application by his legal heirs for bringing themselves on record in the first appeal. 2.

Learned advocate for the applicants refers to that the sole respondent has left behind the applicants as the only legal heirs. 3.

In the circumstances, the application is allowed in terms of prayer clauses "A", "B" and "C" and is disposed of. [SUNIL P. DESHMUKH, J.] drp/ca5149-18

ca5149-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5150 OF 2018 IN FIRST APPEAL NO.1984 OF 2016 Anil Asaram Mirge (Died) Through LRs and Others APPLICANTS

VERSUS

The Ex. Engineering Lower Dudhna Project & Ors. RESPONDENTS .......

Mr. Deepak M. Kakade, Advocate for the appellant Mr. S. P. Deshmukh, AGP for respondent - State .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 13 th APRIL, 2018 ORDER :

1.

Since the appeal is stated to have been disposed of, as withdrawn, the amount of compensation payable to deceased original respondent, deposited in this court by the appellant, be allowed to be withdrawn by his legal heirs, who are now brought on record of the first appeal.

2.

Civil application accordingly stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca5149-18