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Bombay High CourtCA/6314/2019disposed offdismissed for default

Bhaskar Balu Khamgal And ORS v. The Executive Engineer, Kukadi Left Bank Canal, Sub-Division,Kolwadi And ORS

2019-06-28Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

962-ca-6314-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO.6314 OF 2019 IN FAST/28492/2015 BHASKAR BALU KHAMGAL AND ORS

VERSUS

THE EXECUTIVE ENGINEER, KUKADI LEFT BANK CANAL, SUBDIVISION,KOLWADI AND ORS ...

Mr. A.A. Nimbalkar, Advocate for applicant No.1. Mr. Shoyab Shaikh, Advocate for applicant Nos.2A to 2D. Mr. G.B. Rajale, Advocate for respondent No.1. Mr. P. M. Kulkarni, AGP for respondent No.2 and 3/State. ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 28th JUNE 2019 ORDER :

1.

Present application has been filed by the original respondent in the First Appeal to bring the legal representatives of respondent No.4 in appeal on record.

2.

Issue notice to the respondents. Learned AGP waives service of notice for respondent Nos. 2 and 3 and learned Advocate Mr. G.B. Rajale waives service of notice for respondent No.1. 3.

In fact, when respondent No.4 in the appeal had expired it would have been the duty of the present respondents in the application who are the appellants to bring the legal heirs of respondent No.4 on record, however, this application is filed by those legal heirs as well as

962-ca-6314-19.doc respondent No.3, who is helpful to the present respondents. 4.

Under such circumstance, the application is allowed. 5.

Legal representatives of respondent No.4 i.e. present applicant Nos.2-A to 2-D be brought on record. Appellants to carry out necessary amendment within a period of 14 days. 6.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/