The Ex. Engineer, Minor Irrigation Division, Osmanabad And ANR v. Yeshwant Sheshadri Dange (Died) Thr Lrs Suchita And ORS

922.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 12566/2017 IN FAST/23733/2016 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANBAD AND ANR

VERSUS

YASHWANT SHESHADRI DANGE (DIED) THROUGH LRS SUCHITA AND OTHERS ...

Advocate for Applicants : Mr. Karlekar Sujeet G. Advocate for Respondents : Mr. Ramraje A. Deshmukh

CORAM

: K. K. SONAWANE, J.

DATE :

16th November, 2017 ORDER:

1.

Heard learned counsel Mr. Karlekar for the Applicant Acquiring Body. He submits that respondentoriginal claimant Yashwant Dange is no more and the Acquiring Body is intending to bring his legal heirs on record. He seeks permission for bringing legal heirs of respondent Yashwant Dange on record after setting aside the abatement of the proceedings by condoning the delay.

2.

In view of the nature of the subject matter and and the reasons mentioned in the application, there is no impediment to allow the application. Hence, the application is allowed in terms of prayer clauses (B) and (C). The applicant Acquiring Body is hereby 1/2

922.odt permitted to bring the legal heirs of deceased respondent Yashwant Dange on record by requisite amendment within two weeks.

Delay in bringing the legal heirs on record is hereby condoned. Abatement of the proceedings following death of respondent Yashwant Dange is hereby quashed and set aside.

3.

Civil application stands disposed of in above terms.

(K. K. SONAWANE, J.) JPC 2/2