Nandabai W/O Babarao Nagare v. Sheshrao S/O Rambhau Paighan And ORS

ca 11529.22+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.11529 OF 2022 IN FAST/19428/2022 NANDABAI W/O BABARAO NAGARE

VERSUS

SHESHRAO S/O RAMBHAU PAIGHAN AND ORS ...

WITH CA/11528/2022 IN FAST/19423/2022 ...

Advocate for Applicants : Mr. Dhage Vaibhav B. Advocate for Respondent 3 : Mr. A.D. Dale h/f S.S. Rathi ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated: August 08, 2023 ...

PER COURT :- 1.

Mr. Dhage, learned counsel appearing for the applicant submits that inspite of efforts, he could not get the details regarding legal representatives of deceased respondent no.1Sheshrao Paighan. He would submit that even before the Tribunal, he was proceeded ex-parte. He submits that since his appeal is for enhancement of compensation, the appeal can be heard without bringing legal heirs of deceased respondent no.1 on record.

2.

Considering the submissions advanced and without prejudice to the rights of the other side, the civil application for delay condonation is taken for consideration. aaa/-

ca 11529.22+.odt 3.

Having considered the reasons as stated in the application, the applications are allowed in terms of prayer clause 'B'. Civil applications are disposed off. 4.

Appeals be registered.

5.

On registration of the appeals, issue notice to respondent nos.2 and 3, returnable on 21.9.2023. Mr. Rathi, learned counsel waives notice for respondent no.3.

6.

Call Record and Proceeding.

( S. G. CHAPALGAONKAR, J. ) ...

aaa/-