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Bombay High CourtCA/1035/2021disposed off

Liyakat Mohammad Shaikh (Died) Thr Lrs. Ismail S/O Liyakat Shaikh And Others v. Executive Engineer Lower Terna Project Div., Latur Thr Exe. Engineer, Latur And ANR

2021-01-20Hon'Ble Shri Justice V.L. Achliya2 pages

1 [918 - C.A. 1035.2021 in F.A. 612.2018]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.1035 OF 2021 IN FA/612/2018 LIYAKAT MOHAMMAD SHAIKH (DIED) THR LRS.

ISMAIL S/O LIYAKAT SHAIKH AND OTHERS

VERSUS

EXECUTIVE ENGINEER LOWER TERNA PROJECT DIV., LATUR THR EXE. ENGINEER, LATUR AND ANR.

......

Mr. S.S.Halkude, Advocate for Applicants.

Mr. S.G.Sangle, Advocate for R - 1.

Mr. P.M.Kulkarni, A.G.P. for R - 2.

......

CORAM : V.L.ACHLIYA, J.

DATE : 20/01/2021 ......

ORAL ORDER :

1.

The applicants claiming to be the legal representatives of deceased Liyakat S/o Mohammad Shaikh, the original respondent No. 1 in Appeal. The applicants prefer this application to substitute their names in place of deceased respondent No. 1 in Appeal. It is submitted that respondent No. 1 died on 29/08/2020.

2.

Mr. Sangle, learned counsel submits that appellant/respondent No. 1 has no objection to allow the application in respect of entitlement of applicants to receive the compensation.

2 [918 - C.A. 1035.2021 in F.A. 612.2018] 3.

The application is allowed in terms of prayer clause 'B' by keeping the issue for receiving the compensation open in Appeal. Necessary substitution be carried out within one week.

4.

The application disposed of in above terms.

[V.L.ACHLIYA] JUDGE KNP