The Ex. Engineer, Irrigation Project Majbutikaran Div. Omerga And ORS v. Vishwanath Balwant Potdar (Died) Thr Lrs Kalawati

( 1 ) ca7885.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7885 OF 2020 IN FIRST APPEAL NO. 1791 OF 2019 THE EX. ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIV. OMERGA AND ORS. VS. VISHWANATH BALWANT POTDAR (DIED) THR LRS. KALAWATI Mr.G.B. Rajale, Advocate for the applicant.

Mr.A.B. Kale, Advocate for sole respondent.

CORAM : N.J.JAMADAR, J.

DATE :

04.03.2021 PC :- 01.

This application is preferred to bring legal representatives of respondent-original claimant on record.

02.

Learned counsel for the appellant-applicantoriginal respondent Nos.1 to 3 submits that the appellants have deposited entire amount of compensation in terms of the impugned award.

03.

Learned Counsel for the original claimant submits that the legal representatives of the original claimant have no objection to allow the application and implead them as the representatives of deceased claimant. 04.

In view of aforesaid submissions and for the reasons assigned in the application and also to advance

( 2 ) ca7885.20 the cause of substantive justice, the application stands allowed.

05.

The delay in preferring the application to set aside the abatement and bring legal representatives of the original claimant stands condoned. The abatement stands set aside. The applicant is permitted to bring legal representatives of respondent-original claimant on record.

06.

Necessary amendment be carried out within three weeks.

07.

Learned Counsel Mr. A.B. Kale waives notice for the newly impleaded respondents.

08.

The application stands disposed of.

[N.J.JAMADAR,J.] snk/2021/MAR21/ca7885.20