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Bombay High CourtCA/12598/2019disposed offdismissed for default

Bhaga Rambhau Chaudhari And ORS v. The Executive Engineer, Upper Pravara Project Dam Division, Sangamner, Thr Gmidc Aurangabad

2019-11-21Hon'Ble Shri Justice Mangesh S. Patil3 pages

1 9to14CA12584.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

9 CIVIL APPLICATION NO. 12584 OF 2019 IN CIVIL APPLICATION NO. 5542 OF 2018 IN FIRST APPEAL (ST) NO. 9077 OF 2018 Ramnath Shankar Gholap & Ors.

.... Applicants

Versus

The Executive Engineer, Urdhva Pravara Canal Div., Sangamner, through Vivek Hanumant Lavat &Anr.

.... Respondents ..........

Appearance : - Shri. Vinod Y. Bhide, Advocate for the applicants Shri. R. B. Bagul, AGP for respondent No. 2 Shri. S. C. Arora, Advocate for respondent No. 1 .............

10 CIVIL APPLICATION NO. 12592 OF 2019 IN CIVIL APPLICATION NO. 5395 OF 2018 IN FIRST APPEAL (ST) NO. 9245 OF 2018 11 CIVIL APPLICATION NO. 12593 OF 2019 IN CIVIL APPLICATION NO. 5397 OF 2018 IN FIRST APPEAL (ST) NO. 9250 OF 2018 12 CIVIL APPLICATION NO. 12598 OF 2019 IN CIVIL APPLICATION NO. 4617 OF 2018 IN FIRST APPEAL (ST) NO. 8951 OF 2018

2 9to14CA12584.2019 13 CIVIL APPLICATION NO. 12599 OF 2019 IN CIVIL APPLICATION NO. 5761 OF 2018 IN FIRST APPEAL (ST) NO. 9062 OF 2018 14 CIVIL APPLICATION NO. 12603 OF 2019 IN CIVIL APPLICATION NO. 8468 OF 2018 IN FIRST APPEAL (ST) NO. 9284 OF 2018 CORAM : MANGESH S. PATIL, J.

DATE : 21ST NOVEMBER, 2019 PER COURT:- 1.

Heard both the sides.

2.

The legal heirs of original respondents No. 10 & 11 in FA (St) No. 9077 of 2018, respondent No. 3 in FA (St) No. 9245 of 2018, respondent No. 1 in FA (St) No. 9250 of 2018, respondents No. 2 and 3 in FA (St) No.8951 of 2018, respondent No. 3 in FA (St) No. 9062 of 2018 and respondent No. 2 in FA (St) No. 9284 of 2018 have filed these applications seeking direction to the original appellants to bring them on record as heirs of the respondents who have died. 3.

The learned advocate for the appellants/acquiring body submits that, the legal heirs may be brought on record.

3 9to14CA12584.2019 4.

In view of such state of affairs, the applications are allowed. The legal representatives are allowed to be brought on record as prayed for. The appellants/acquiring body shall carry out the necessary amendment before the next date. 5.

Matters are adjourned to 28.11.2019.

[ MANGESH S. PATIL ] JUDGE Punde