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Bombay High CourtCA/7738/2024admittedallowedgrantedrule absolute

Badrinath Sakharam Misal Died Thr. Lrs. Babita B. Misal And ORS v. The Executive Engineer, Minor Division, Jalna

2024-08-01Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 965 CIVIL APPLICATION NO. 7738 OF 2024 IN FA/1473/2014 Badrinath Sakharam Misal (Deceased through LRs) & others ....Applicants

VERSUS

The Executive Engineer, Minor Division, Jalna .....Respondent Mrs. A. D. Rakh, Advocate for the Applicants. Mr. B. A. Shinde, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE :1st AUGUST, 2024.

PER COURT :

1.

This application is filed by legal heirs of deceased Badrinath Misal who is Respondent No. 1 in First Appeal No. 1473/2014.

2.

Copy of this application is duly served upon learned counsel for the Appellant. None appears for Appellant. 3.

Infact, it was duty of the Appellant to bring legal heirs of deceased Respondent No. 1 on record. Now it has been done by legal heirs of deceased Respondent No. 1. Application is not opposed by

- 2 - ca7738.24.odt Appellant. Delay occurred in filing the application does not appear to be deliberate. Hence, in the interest of justice, application is allowed in terms of prayer clause 'B' and 'C'. Amendment be carried out within a period of four weeks, by Appellant.

( R. M. JOSHI) Judge dyb