Anandrao Mahadev Kawade Deceased Through Legal Heirs Suwarna Anandrao Kawade And ORS v. The Executive Engineer Minor Irrigation Division And ORS

2025:BHC-AUG:15436 4774.25ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944-2 CIVIL APPLICATION NO. 4774 OF 2025 IN FA/3525/2023 ANANDRAO MAHADEV KAWADE, DECEASED, THROUGH LEGAL HEIRS SUWARNA ANANDRAO KAWADE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION AND OTHERS ....

Mr A. N. Nagargoje, Advocate h/f Mr R. K. Shinganpure, Advocate for applicants Mr Ram B. Deshpande, Advocate for respondent No.1 Ms R. R. Tandale, A.G.P. for respondent Nos.2 & 3 CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 18th June, 2025 PER COURT:

1.

This is an application for bringing legal representatives of sole respondent on record in appeal by condoning delay of 1060 days for filing this application.

2.

Heard Mr Nagargoje, learned counsel for applicants. He submits that applicant (respondent No.1 in appeal), who was claimant had expired and his legal heirs need to be brought on record. He submits that since the appellants have not filed any application, the legal representatives have filed instant application for bringing their

4774.25ca (2) names on record in appeal since cause of action survives and they have personal interest.

3.

Advocate Mr Deshpande, learned counsel for the appellant (respondent No.1 herein) has no objection for allowing the application by condoning the delay.

4.

Considering the submissions advanced and no objection, in the interest of justice, the delay of 1060 days is condoned. The names of legal representatives of deceased applicant No.1 be substituted as respondent Nos.1-A to 1-C in the memorandum of the appeal. Amendment be carried out within a period of three weeks from today.

5.

Civil Application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) sjk