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Bombay High CourtCA/10574/2021disposed off

Shivaji Hashaba Suryawanshi (Died) Thr Lrs. Vatsalabai And Another v. The Exe. Engineer, Minor Irrigation Div., Latur And Another

2021-10-05Hon'Ble Shri Justice R. G. Avachat1 pages

32-CA-10574-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10574 OF 2021 IN FIRST APPEAL NO.1893 OF 2021 (Shivaji Hashaba Suryawanshi, died, through L.Rs. Vatsalabai w/o. Shivaji Suryawanshi and ors. Vs.

Executive Engineer, Minor Irrigation Division, Latur) ---- Mr.Nandgavale, Advocate h/f. Mr.V.G.Sakolkar, Advocate for applicants Mrs.B.B.Gunjal, Advocate for respondent no.1 Mr.P.M.Kulkarni, AGP for respondent no.2 ---- CORAM : R.G. AVACHAT, J.

DATE : OCTOBER 05, 2021 ORDER :- Original claimant, vide order dated 24.02.2021, was permitted to withdraw the amount in deposit with this Court. However, before withdrawal of the amount, he passed away. His legal representatives are sought to be brought on record of the appeal. They also seek withdrawal of the amount that was directed to be paid to their predecessor-in-title. It appears that there is no dispute that the applicants herein are legal representatives of the original claimant (deceased). The application is, therefore, allowed in terms of prayer clauses (B) to (D).

[R.G. AVACHAT, J.] KBP