Gangadhar Raoji Thorat Died Thr His Lrs Yashodabai And ORS v. The Executive Engineer, N.M.C.Division, Vaijapur And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 990 CIVIL APPLICATION NO.6487 OF 2019 IN FA/198/2018 GANGADHAR RAOJI THORAT DIED THR HIS LRS YASHODABAI AND ORS

VERSUS

THE EXECUTIVE ENGINEER, N.M.C.DIVISION, VAIJAPUR AND ANR ...

Advocate for Applicants : Mr. Shejwal Arun S. AGP for Respondent No.2 : Mr. S. P. Deshmukh. ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 14-06-2019.

PER COURT :

1.

Heard learned advocate for the applicants and learned AGP for respondent No.2.

2.

It appears that, though the matter was disposed of in Lok-Adalat and the respondent No.1 in the first appeal had expired much prior to or during the pendency of the said appeal, it was necessary for the appellant - acquiring body to bring legal heirs on record, but at the same time the information was not supplied regarding his death by the learned advocate for the present applicants. The said appeal has been withdrawn by the acquiring body and now it is only the question of withdrawal of the deposited amount which was definitely due towards

CA 6487-2019 the deceased.

3.

Under such circumstance, there is no hurdle in allowing the application. Application is therefore allowed accordingly. Legal heirs of the applicant be brought on record immediately. (SMT. VIBHA KANKANWADI) JUDGE vjg/-