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Bombay High CourtCA/15126/2022disposed off

Dilip Baburao Choudhari And ORS v. Ex. Engineer Urdhava Pravara Project Dam Division, Ghulewadi Irrigation Colony, Sangamner And ANR

2022-11-14Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} 25-CA-15126-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15126 OF 2022 IN FIRST APPEAL (ST) NO. 9057 OF 2018 DILIP BABURAO CHOUDHARI AND OTHERS

VERSUS

EXECUTIVE ENGINEER URDHAVA PRAVARA PROJECT DAM DIVISION GHULEWADI IRRIGATION COLONY SANGAMNER AND ANOTHER ...

Advocate for Applicants : Mr. V.Y. Bhide AGP for Respondent No.2 : Mr. S.N. Kendre ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 14th November, 2022.

PER COURT :

.

Heard rival submissions.

2.

The applicants who are the legal representatives of deceased respondent No.2 in the First Appeal have preferred this application for direction to the appellant for bringing themselves on record by condoning the delay of 23 days. It is not disputed that, the original respondent No.2 Baburao Rewaji Chaudhari has died on 31st October, 2020 and therefore, the appellant - acquiring body is under obligation to bring the applicants on record. Pooja K.

{2} 25-CA-15126-2022 3.

As such, the application is allowed in terms of prayer clause '2'.

4.

The appellant - acquiring body is directed to bring the applicants on record being legal representatives deceased respondent No.2- Baburao in the Appeal as well as pending Civil Applications, within the stipulated period. 5.

Amendment be carried out, accordingly.

6.

Application accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE Pooja K.