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Bombay High CourtCA/7427/2024admittedallowedgrantedrule absolute

Daulat Yadav Dhake Died Thr Lrs Ramesh Dhake And ORS v. Ex. Engineer, M.I.D.C., Jalgaon And ORS

2025-02-14Hon'Ble Shri Justice Sandipkumar C. More2 pages

2025:BHC-AUG:4380 1 927 ca 7428-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 7428 OF 2024 IN FAST/17435/2019 WITH CIVIL APPLICATION NO. 7427 OF 2024 IN FAST/17435/2019 WITH CIVIL APPLICATION NO. 8971 OF 2019 IN FAST/17435/2019 LAXMAN KHADKE DIED THR LRS ARUN LAXMAN KHADKE AND ANR

VERSUS

EX. ENGINEER, M.I.D.C., JALGAON AND ORS ...

Mr. Deshpande Milind K., Advocate for Applicant Mr. R. D. Raut, AGP for Respondents-State Mr. Santosh N. Pawade h/f Jay And Co., Advocate for Respondents No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 14/02/2025.

P. C. :

A) ORDER IN CIVIL APPLICATION NOS.7428 OF 2024 & 7427 OF 2024 :

1.

Heard rival submissions.

2.

Both these applications are filed by the legal representatives of respondent Nos.2 and 4 in the main appeal, who admittedly died on 02/02/2015 and 02/11/2007 respectively. There is no question of condoning the delay since the appellant / acquiring body should have

2 927 ca 7428-24 filed these applications. As such, both these applications are allowed in terms of prayer clause-B and disposed of.

3.

The appellant acquiring body is directed to carry out the amendment within stipulated period.

4.

List Civil Application No.8971 of 2019 on 28/02/2025. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-