Ex. Engineer, Minor Irrigation Division Beed, Now Beed Ir.Div. Beed Under Gmic Aurangabad And ORS v. Shivhar Sambhaji Karpe (Died) Thr Lrs Champabai And ORS

909-CA.10332-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 10332 OF 2023 IN FA/2164/2022 SHIVHAR SAMBHAJI KARPE (DIED) THR LRS CHAMPABAI KARPE DIED THR LRS VATSALA SHIVKAR KARPE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, M.I.D., BEED AND ORS WITH CIVIL APPLICATION NO. 4657 OF 2024 IN FA/2164/2022 ...

Advocate for Applicants : Mr. Bhise Raghvendra Diliprao. AGP for Respondent-s/State : Mr. N. B. Patil. Advocate for Respondent No.1 : Mr. B. R. Survase. ...

CORAM : S. G. MEHARE, J.

DATE :

08.05.2024 PER COURT :- 1.

Heard the learned counsel for the applicants. 2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice for respondentState. 4.

Learned counsel Mr. Survase waives service of notice for the proposed legal heirs.

909-CA.10332-23.odt In Civil Application No.4657 of 2024 5.

Heard the respective learned counsels on delay condonation and bringing the legal heirs on record. 6.

For the reasons mentioned in the civil application, following order is passed :

O R D E R

(i) Civil Application is allowed.

(ii) Delay caused in bringing the legal heirs of respondent Champabai is condoned.

(iii) The proposed legal heirs of respondent Champabai be brought on record. Necessary amendment be carried out on or before the next date.

In Civil Application No.10332 of 2023 7.

Since this civil application is filed by the incorrect person, it is rejected.

8.

Stand over to 05.08.2024.

(S. G. MEHARE, J.) ...

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