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Bombay High CourtCA/11401/2017disposed offdismissed for default

Mohan Ramdas Kale And Others v. The Area Manager, M.I.D.C. Jalgaon Midc, Jalgaon And ORS

2018-06-14Hon'Ble Shri Justice K. K. Sonawane3 pages

1 CA11401/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 11401 OF 2017 IN FA/4069/2016 MOHAN RAMDAS KALE AND OTHERS

VERSUS

THE AREA MANAGER, M.I.D.C. JALGAON MIDC, JALGAON AND ORS ...

Advocate for Applicants : Mr. Kale Ajeet B.

Advocate for Respondent No.1 : Mr. G.S. Khaire holding for Mr. S.S. Dande A.G.P. for respondents/State : Mr. B.V. Virdhe ...

CORAM : K.K. SONAWANE, J.

DATE : 14th JUNE, 2018 PER COURT :

Heard learned counsel for the applicants, learned counsel for the respondent-M.I.D.C. and learned A.G.P. for the respondent-State.

2.

It is submitted that the respondent - M.I.D.C. has preferred an appeal against the Judgment and Award passed by the Civil Judge, Senior Division,

2 CA11401/17 Jalgaon in L.A.R. No. 1079 of 2006. One Arun Kale was one of the respondent in the First Appeal, but now he is no more and he passed away on 23rd August, 2010. The applicants are the legal representatives of deceased respondent. Therefore, the applicants filed the present application for substitution in place of deceased respondent.

3.

In view of facts and circumstances of the case, Civil Application No.11401 of 2017 stands allowed. The legal representatives of deceased Arun Kale are permitted to appear in the main proceeding. The respondent-M.I.D.C. shall carry out the necessary amendment for bringing legal representatives of deceased respondent on record within two weeks from today. The delay caused in filing present application stands condoned. Hence, the application stands disposed of.

( K.K. SONAWANE, J. ) SRM/14/6/18

3 CA11401/17