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Bombay High CourtCA/7204/2023disposed off

Shivaji Bhimrao Fugate (Died) Thr Lrs. Vikas Shivaji Fugate And ORS v. The Exe. Engineer, Maharashtra Krishna Valley Dev. Co., Osmanabad And ORS

2023-06-19Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7204 OF 2023 IN FIRST APPEAL NO. 2770 OF 2021 Shivaji Bhimrao Fugate (died) through L.Rs Applicants

Versus

The Executive Engineer, Maharashtra Krishna Valley Development Corporation, Osmanabad & others Respondents Mr. P. B. Rakhunde, advocate for the Applicants Mr. A. M. Gaikwad, advocate for Respondent No.1. Mr. B. V. Virdhe, AGP for Respondents No.2 & 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 19th June, 2023.

PC :

The applicants are seeking permission to bring themselves on record being the legal representatives of Respondent- sole claimant Shivaji Bhimrao Fugate, who admittedly died on 16.12.2022, by condoning delay of 148 days. Therefore, considering right to defend, his legal heirs are to be brought on record.

{2} As such, Civil Application stands allowed in terms of prayer clauses {B} and {C}. The appellant-acquiring body to carry out the amendment within stipulated period. Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8028 OF 2021 IN FIRST APPEAL NO. 2770 OF 2021 The Executive Engineer, Maharashtra Krishna Valley Development Corporation, Osmanabad & others Applicants

Versus

Shivaji Bhimrao Fugate Respondents Mr. A. M. Gaikwad, advocate for Applicants Mr. P. B. Rakhunde, advocate for the Respondent CORAM : SANDIPKUMAR C. MORE, J.

DATE : 19th June, 2023.

PC :

Since the appellant-acquiring body has deposited the amount of compensation, as directed by this Court, Civil Application is made absolute in terms of prayer clause {A) and disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb