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Bombay High CourtCA/12361/2022admittedallowedgrantedrule absolute

Pandurang Abaji Magar Died His Lrs Dnyanoba And Others v. The Executive Engineer, Medium Project Division Osmanabad And ORS

2022-09-16Hon'Ble Shri Justice S. G. Dige2 pages

12361.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CIVIL APPLICATION NO.12361 OF 2022 IN FIRST APPEAL STAMP NO.9076 OF 2016 PANDURANG ABAJI MAGAR DIED HIS L.Rs. DNYANOBA & OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION OSMANABAD & OTHERS ...

Advocate for Applicants : Mr.V.V.Tarde AGP for Respondent-State : Mr.A.B.Chate Advocate for Respondent no.1 : Adv.Purva A. Patil h/f. Mr.U.K.Patil ...

CORAM : S.G.DIGE, J.

DATE : 16.09.2022 P.C. :

1] The learned counsel for the applicants submits that this Court [Coram K.K.Sonawane], by order dated 12th October, 2017, had directed the applicants to take steps against deceased respondent but the steps were not taken within stipulated period, hence, appeal is abated against respondent nos.1B. Respondent no.1B is original claimant and poor agriculturist, hence, requested to allow the application.

2] Considering the submissions of the learned for the applicants and the respondents, application is allowed in terms of prayer clauses-B and C.

12361.22CA 3] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC