Sambhaji Shrirang Suryawanshi (Died) Thr Lrs Krushna And ORS v. The Ex. Engineer, Medium Rpoject Div. Latur And ANR

(1) 933 CA-15338.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.15338 OF 2022 IN FA/1101/2019 SAMBHAJI SHRIRANG SURYAWANSHI (DIED) THROUGH LRS KRUSHNA AND OTHERS

VERSUS

THE EX. ENGINEER, MEDIUM PROJECT DIV. LATUR AND ANR ...

Mr. V.G. Kodale, Advocate holding for Mr. V.D. Gunale, Advocate for the applicants.

Mr. B.V. Virdhe, A.G.P. for respondent No.1.

Mr. S.C. Arora, Advocate for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

16.11.2022.

ORDER :

.

Heard rival submissions. The applicants being legal heirs of sole respondent in the appeal Shri Sambhaji Shrirang Suryawanshi, are seeking permission to bring themselves on record. The heirship certifcate on record indicates that Sambhaji died on 19.08.2009. Learned Counsel for Acquiring Body pointed out that Sambhaji had in fact died prior to passing of impugned award. However, the appeal is fled by Acquiring Body and not by the original claimants, and therefore, considering the right to defend, the application is allowed in terms of prayer clauses (B) and (C). The Acquiring Body is directed to carry out the amendment forthwith. Accordingly the application stands disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde