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Bombay High CourtCA/6558/2022disposed off

Ram Ambaji Rathod (Died) Thr Lrs. Mangal Ram Rathod And Others v. The Exe. Engineer Minor Irrigation Div., Osmanabad And Others

2022-04-26Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

931 ca.6557.22 n 6558.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

931 CIVIL APPLICATION NO.6557 OF 2022 IN FA/1526/2021 WITH CA/6558/2022 IN FA/1528/2021 RAM AMBAJI RATHOD (DIED) THR LRS.

MANGAL RAM RATHOD AND OTHERS

VERSUS

THE EXE. ENGINEER MINOR IRRIGATION DIV., OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr. Ramraje A. Deshmukh. Advocate for Respondent No.1 : Mr. B. R. Survase. AGP for Respondent/State: Mr. N. T. Bhagat.

...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

26th April, 2022.

P.C.:

.

These are the applications to bring on record the legal heirs of original claimants.

Heard Mr. R. A. Deshmukh, learned counsel for applicants, Mr.Survase, learned counsel for respondent No.1/acquiring body and Mr. Bhagat, learned AGP for the State/respondent Nos.2 and 3. It is revealed during the course of argument that original claimant - Ram Ambaji Rathod died on 5th November, 2021, during Covid-19 pandemic. He has left behind present applicants as legal representatives. It would be just and proper to allow these applications and issue directions to the appellant/acquiring body to bring on record

931 ca.6557.22 n 6558.22.odt legal heirs of claimant to prosecute the appeal. I do not see any reason to reject the application. Hence, the following order is passed:

O R D E R

I.

The applications are hereby allowed in terms of prayer clause (C).

II.

The appellant/acquiring body to carry out necessary amendment in the array of appeals memo within a period of four weeks from today. III.

The civil applications are accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga