Babu Damu Bhowal (Died) Thr Lrs. Anita Babu Bhowal (Died) Thr Lrs. Krushna And Others v. Executive Engineer, Irrigation Project Strengthing (Majbutikaran) Div.,Omerga And ORS

953- C.A. No. 8796-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO.8796 OF 2022 IN FA/1588/2018 BABU DAMU BHOWAL (DIED) THR LRS. ANITA BABU BHOWAL (DIED) THR LRS. KRUSHNA AND OTHERS

VERSUS

EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHING (MAJBUTIKARAN) DIV.,OMERGA AND ORS ...

Advocate for Applicants : Wakure Sanjay A AGP for Respondent State : Mr. A. B. Chate ...

CORAM : S. G. DIGE, J.

DATE : 21.06.2022 PER COURT :- Heard the learned counsel for the applicant and learned A.G.P for respondent.

2.

It is contention of the learned counsel for the applicant, during pendency of the appeal respondent Babu Bhowal is died hence his heirs and legal representative are necessary to taken on record. There is delay for fling this application, it be condoned.

3.

Learned counsel for the appellant/ respondent objected to allow application on the ground that applicant has not informed the appellant about death of respondent.

953- C.A. No. 8796-2022.odt 4.

Considering reasons mentioned in the application, as well as respondent was the original claimant hence his legal heirs are necessary to taken on record. Hence, I pass the following order.

ORDER

(i) Application is allowed.

(ii) Delay for fling this application is condoned. (iii) Appellant shall take steps within two weeks.

( S.G. DIGE, J ) JUDGE ysk