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Bombay High CourtCA/12064/2022admittedallowedgrantedrule absolute

Vilas Vasantrao Zadpide (Died) Thr Lrs Ujwala And ORS v. The Ex. Engineer, P.I.Division, Omerga And ORS

2022-08-22Hon'Ble Shri Justice S. G. Dige2 pages

(1) 50-ca-12064-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12064 OF 2022 IN FA/730/2018 VILAS VASANTRAO ZADPIDE (DIED) THR LRS UJWALA AND ORS.

..APPLICANTS

VERSUS

THE EX. ENGINEER, P.I. DIVISION, OMERGA AND ORS. ..RESPONDENTS ...

Mr. Laxmikant C. Patil, Advocate for the Applicants.

Mr. A. R. Lukhe h/f Mr. A. S. Shelke, Advocate for Respondent No.1.

...

CORAM : S. G. DIGE, J.

DATED : 22nd AUGUST, 2022.

PER COURT:- 1.

Heard learned counsel for the applicants and learned counsel for respondent no.1.

2.

Learned Counsel for applicants submits that, during the pendency of appeal original claimant Vilas Vasantrao Zadpide is died. There is delay for filing this application. The applicants are heirs and legal representatives of the deceased, hence, their names be taken on record. Hence, requested to allow the application.

3.

Considering the submissions of both learned Counsel and reasons mentioned in the application, application is allowed in terms of

(2) 50-ca-12064-2022 prayer clauses 'B and C'. Delay for filing this application is condoned.

4.

Appellants to take steps within two weeks.

(S. G. DIGE) JUDGE Devendra/August-2022