The Ex. Engineer, Latur Minor Irrigation (L.M.I) Div. Latur And ORS v. Madhav Narayan Suryawanshi (Died) Thr Lrs. Dattu (Died) Thr Lrs. Kamalabai And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 17131 OF 2022 IN FIRST APPEAL ST. NO. 15797 OF 2020 The Executive Engineer, Latur Minor Irrigation Division, (L. M. I.) Latur & others Applicants

Versus

Mahadev @ Madhav s/o Narayan Suryawanshi (died) through L.Rs.

Respondents Mrs. R. D. Reddy, advocate for the Applicants Mr. B. M. Dhanure, advocate for Respondents.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th January, 2023.

PC :

Heard rival submissions.

The applicant-acquiring body is seeking permission to bring on record the legal representatives of Mahadev @ Madhav Narayan Suryawanshi by condoning delay of 1558 days. Copy of the death certifcate of Mahadev indicates his name as Madhav Narayan Suryawanshi, who died on 18.03.2018. However, learned Counsel for the

{2} claimants admitted the fact that Madhav, Mahadev and Mahadu are the names of one and the same person. In view of the same and considering the right to defend, the application stands allowed in terms of prayer clause "B". Necessary amendment be carried out forthwith. Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 17132 OF 2022 IN FIRST APPEAL ST. NO. 15797 OF 2020 Mahadev @ Madhav s/o Narayan Suryawanshi (died) through L.Rs.

Applicants

Versus

The Executive Engineer, Latur Minor Irrigation Division, (L. M. I.) Latur & others Respondents Mr. B. M. Dhanure, advocate for the Applicants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. Mrs. R. D. Reddy, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th January, 2023.

PC :

By consent, stand over to 24.01.2023.

(SANDIPKUMAR C. MORE) JUDGE adb