The Executive Engineer Minor Irrigation Division, Usmanabad Thr Gmidc Aurangabad v. The State Of Maharashtra And Others

1 CA 16872 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 16872 OF 2015 IN FAST/7783/2014 WITH CA/16873/2015 IN FAST/7789/2014 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, USMANABAD THR GMIDC AURANGABAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS -------- Shri. S.G. Bhalerao, Advocate, for applicant. Shri. S.A. Wakure, Advocate, for respondent Nos.2(i)-(v) -------- CORAM: T.V. NALAWADE, J.

DATE : 23rd FEBRUARY 2016 ORDER:

1) Present applications are filed by the acquiring body for condonation of delay caused in filing application for permission to bring legal representatives of the original claimant, for setting aside the abatement of the matter filed against them.

2) Learned counsel Shri. S.A. Wakure is representing the proposed legal representatives of the deceased claimants. Both the sides are heard.

2 CA 16872 of 2015 3) In view of the contentions made in the applications and the submissions made that the information was not received about the death in time this Court holds that sufficient cause is shown. So, the applications are allowed. Delay is condoned. Abatement is set side. Permission is granted to bring legal representatives of the deceased claimants on the record. Amendment to be carried out in the appeal memo immediately. Notice to the proposed legal representatives. It is waived by learned counsel Shri. Wakure. List the main matters on 13th April 2016.

Sd/- (T.V. NALAWADE, J. ) rsl