Manmath Narayan Shetkar (Desai) Thr Lrs Laxmibai Shetkar (Desai) And ORS v. The Executive Engineer, Minor Irrigation Division, Latur And ORS

2024:BHC-AUG:23978 921-CA-10693-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10693 OF 2024 IN FIRST APPEAL NO. 4363 OF 2016 Manmath Narayan Shetkar (Desai) Through his L.Rs.

Laxmibai Manmath Shetkar and Others ..APPLICANTS

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. P.P. More, Advocate for applicants Mr. S.J. Salgare, A.G.P. for respondent nos. 1 and 2 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 04th OCTOBER, 2024 PER COURT :

1.

Leave to amend.

2.

None for Respondent No.3 - acquiring body.

3.

This is an application for bringing on record legal representatives of applicant - Manmath Narayan Shetkar (Desai) by condoning delay of 1763 days in filing this application.

4.

Learned counsel for the applicants submits that sufficient reasons are mentioned in the application. Copy of the heirship certificate issued by Civil Judge Junior Division, Ahmedpur is enclosed with the application. 1 / 2

921-CA-10693-24.odt 5.

Learned A.G.P. submits that appropriate order be passed. 6.

For the reasons given in the application, we proceed to pass the following order :- Civil application is allowed in terms of prayer clauses (B), (B-1) and (C). Amendment in the appeal be carried out by the acquiring body within two weeks, since in the appeal filed by the claimants, civil application for the similar relief has been allowed.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2