Exe. Engineer, Irrigation Div. Beed And Others v. Bhanudasrao Baburao Karpe And Others

1 908 ca 3225-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.3225 OF 2023 IN FAST/14274/2022 WITH CA/10519/2022 IN FAST/14274/2022 WITH CA/10520/2022 IN FAST/14274/2022 BHANUDASRAO BABURAO KARPE (DECEASED) THR LRS. KONDABAI B. KARPE AND ORS

VERSUS

EXE. ENGINEER, IRRIGATION DIV. BEED AND OTHERS ...

Advocate for Applicants : Mr. R. D. Bhise AGP for Respondent Nos.2 & 3: Mr. A. B. Chate Advocate for Respondent No.1 : Mr. S. V. Mundhe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 10/03/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.3225 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of respondent No.1- Bhanudasrao Baburao Karpe, who admittedly died on 03/07/2019, by condoning the delay of 1246 days. 3.

It appears that the applicant Nos.2 to 5, who are the legal representatives of deceased Bhanudas are already on record. Only applicant No.1A is to be taken on record.

4.

There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clause-B and C.

2 908 ca 3225-23 4.

The appellant - acquiring body is directed to carry out the amendment forthwith.

5.

Application is accordingly disposed of.

B) ORDER IN CIVIL APPLICATION NO.10520 OF 2022 : 1.

The learned counsel for the appellant - acquiring body is ready to deposit 75% amount of the impugned award alongwith the proportionate interest within 12 weeks.

2.

As such, there shall be interim relief in terms of prayer clause-B subject to deposit of aforesaid amount, within 12 weeks. C) ORDER IN CIVIL APPLICATION NO.10519 OF 2022 : 1.

Heard rival submissions.

2.

The applicant - acquiring body is seeking condonation of delay of 1175 days, which appears to be caused due to obtaining sanctions at various stages. In view of the same and for the reasons stated in the application, the delay of 1175 days stands condoned.

3.

Appeal be placed for admission after removal of offce objections, if any. Application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-