Madhukar Sakharam Yande Died Lrs. Dilip Madhukar Yande And Others v. The Municipal Corporation Aurangabad Thro. Deputy Commissioner

11456.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 CIVIL APPLICATION NO.11456 OF 2019 IN SAST/22751/2018 MADHUKAR SAKHARAM YANDE DIED LRS. DILIP MADHUKAR YANDE AND OTHERS

VERSUS

THE MUNICIPAL CORPORATION AURANGABAD ...

Advocate for Applicants : Mr.Shaikh Rameez Raja Sk.Maqsood ...

CORAM : V.L.ACHLIYA,J.

DATE : 27.09.2019 PER COURT:

1] This Application is filed to bring the legal heirs of deceased applicant - appellant, namely, Madhukar Sakharam Yande, on record for the reasons set out in detail in the Application with condonation of delay. 2] In brief, it is the contention of the learned counsel for the applicants that applicant - appellant, namely, Madhukar Sakharam Yande died during pendency of the Appeal. Appeal is yet to be admitted. It is submitted that cause survives for the applicants to prosecute the Appeal.

11456.19CA.odt 3] On due consideration of the submissions in the light of the facts stated in the Application and cause survives for the applicants-appellants, I am of the view that the application deserves to be allowed.

Accordingly, Application is allowed in terms of prayer clauses 'B' and 'C'.

4] Necessary substitution / amendment be carried out within two weeks.

5] Civil Application is disposed of in above terms.

6] List the Civil Application No.11442 of 2018 for hearing on 18th October, 2019.

[V.L.ACHLIYA] JUDGE DDC