Vishwanath Nagshettiappa Kapse (Died) Thr. Lrs. Vijaykumar S/O Vishwanathappa Kapase And ORS v. G.M.I.D.C. Jalna Road Aurangabad Through Executive Engineer Minor Irrigation Divn Latur

2024:BHC-AUG:20152-DB 943-CA-9084-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9084 OF 2024 IN FIRST APPEAL NO. 2230 OF 2012 WITH CA/9075/2024 IN FA/2231/2012 WITH CA/9077/2024 IN FA/2231/2012 WITH CA/9085/2024 IN X-OBJ/60/2024 IN FA/2230/2012 Vishwanathappa Nagshettiappa Kapse (Died) Through L.Rs.

Vijaykumar Vishwanathappa Kapse and Others ..APPLICANTS

VERSUS

The Godavari Marathwada Irrigation Development Corporation Ltd., Aurangabad Through, The Executive Engineer, Minor Irrigation Division, Latur and Another ..RESPONDENTS ....

Mr. R.P. Adgaonkar, Advocate for applicants Mr. Tatyasaheb Bhosale, Advocate for respondent no.1 Mr. S.V. Hange, A.G.P. for respondent no.2 - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 30th AUGUST, 2024 PER COURT :

1.

These are the applications for bringing on record legal representatives of Applicant No.3 - Prabhuraj Vishwanathappa Kapse by condoning delay of 814 days in preferring these applications. 2.

Learned counsel for the applicants submits that Vishwanathappa Kapse was the original claimant. After his death, his legal representatives 1 / 2

943-CA-9084-24.odt were brought on record. He submits that out of the said legal representatives Applicant No.3 - Prabhuraj Vishwanathappa Kapse has died and his legal representatives are required to be brought on record. He further submits that though Applicant No.7 - Leelawati Vishwanathappa Kapse has died, her legal representatives are already on record. He submits that the delay caused in filing these applications has been explained and the same be condoned. 3.

Learned A.G.P. for State and learned counsel for the acquiring body submits that appropriate order be passed. 4.

We have gone through the applications. Same are allowed in terms of prayer clauses (B) and (C). Amendment be carried out within a period of two weeks. Amendment in the appeal be carried out by the acquiring body i.e. the appellant and in the cross objections by the respondents - claimants.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2