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Bombay High CourtCA/4915/2021disposed off

Mahadeo Shivappa Kumbhar (Dead) Thr Lrs Sarubai And ORS v. The Ex. Engineer, Irrigation Project Strengthening Division, Omerga And ORS

2021-07-01Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 925-CA-4915-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4915 OF 2021 IN FIRST APPEAL ST. NO. 38043 OF 2017 Mahadeo Shivappa Kumbhar (Died) Through its Lrs 1-a. Sarubai Mahadeo Kumbhar and Ors.

...Applicants

Versus

The Executive Engineer, Irrigation Project Strengthening Division, Omerga, Dist. Osmanabad and Ors.

...Respondents

Mr E.S. Murge, Advocate for Applicants Mr S.B. Patil, Advocate for Respondent No. 1 Mr G.O.Wattamwar, A.G.P. for Respondent-State CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st JULY, 2021 PER COURT :

1.

The applicants/original claimants seek directions to bring on record the legal heirs of deceased Kallappa Shivappa Kumbhar by condoning the delay.

2.

Heard Mr Murge, learned counsel for the applicants and Mr Wattamwar, learned A.G.P. for the State and Mr Patil, learned counsel appearing for respondent No. 1/acquiring body. 3.

Respondent No. 1 is directed to bring legal heirs of Kallappa Shivappa Kumbhar on record.

2 925-CA-4915-2021 4.

For the reasons stated in the application, the prayer clause (C) is allowed to bring the legal heirs of deceased Kallappa Shivappa Kumbhar.

5.

Necessary corrections be made in the appeal memo. 6.

The civil application stands disposed of accordingly. [ SHRIKANT D. KULKARNI, J. ] mta