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Bombay High CourtCA/4268/2024admittedallowedgrantedrule absolute

Laxman Laxman Kawadekar (Died) Thr Lrs Chandrakant Laxman Kawadekar And ORS v. The Ex. Engineer, U,P. Project No. 6 Thr Gmidc, Aurangabad And ANR

2025-01-07Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:371 ca4268.24- -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 4268 OF 2024 IN FA/250/2022 Laxman Laxman Kawadekar (died) Thr Lrs Chandrakant Laxman Kawadekar and others

VERSUS

The Ex. Engineer, U.P. Project No. 6 Thr GMIDC, Aurangabad And Anr.

...

Advocate for Applicant : Mr. M.S. Karad h/f Mr. S.S. Thombre AGP for Respondent Nos. 2 and 3: Mr. Rajdeep D. Raut Advocate for Respondent No.1 : Ms. Vaishali S. Swami h/f Mr. Mahesh C. Swami ...

AND CIVIL APPLICATION NO. 1809 OF 2022 IN FA/250/2022 The Ex. Engineer, U,P. Project No. 6 Thr GMIDC, Aurangabad

VERSUS

Laxman Laxman Kawadekar and others ...

Advocate for Applicant : Ms. Vaishali S. Swami h/f Mr. Mahesh C. Swami AGP for applicants : Mr. Mr. Rajdeep D. Raut Advocate for Respondent : Mr. M.S. Karad h/f Mr. S.S. Thombre .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 07th JANUARY 2025 PER COURT :- 1.

The civil application No. 4268 of 2024 is filed for condonation of delay caused in filing application for bringing on record the legal heirs of deceased applicant-appellant Laxman Kawadkar.

ca4268.24- -22.

Perused the contents of application. Heard learned advocates for the respective parties.

3.

Considering the reasons stated in the said application and in the interest of justice, application deserves to be allowed. The application is accordingly allowed in terms of prayer clauses "B" and "C". Abatement is set aside. Amendment to be carried out within two weeks.

4.

In so far as the civil application No. 1809 of 2022, which is filed seeking stay to the impugned judgment and award passed by the reference court is concerned, learned advocate for the applicantacquiring body submits that entire amount under award has been deposited in this Court.

5.

In view of above and considering the submissions of the learned advocate for the applicant that the entire amount under award is deposited, the civil application seeking stay is disposed of as infructuous.

(SANJAY A. DESHMUKH, J.) rlj/