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Bombay High CourtCA/15866/2022disposed off

Vitthal Kashinath Surwase (Died) Thr Lrs Venubai And ORS v. The Deputy Engineer (Construction) C.R. Pune And ANR

2022-11-29Hon'Ble Shri Justice Sandipkumar C. More1 pages

(1) 908 CA-15866.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.15866 OF 2022 IN FA/1432/2010 VITTHAL KASHINATH SURWASE (DIED) THROUGH LRS VENUBAI AND OTHERS

VERSUS

THE DEPUTY ENGINEER (CONSTRUCTION) CENTRAL RAILWAY, PUNE-1 AND ANOTHER ...

Mr. S.K. Naikwade, Advocate for the applicants. Mr. A. D. Soman, Advocate for respondent No.1. Mr. P.M. Kulkarni, A.G.P. for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

29.11.2022.

ORDER:- 1.

The applicants are seeking permission to bring themselves on record being the legal representatives of respondent No.1 sole claimant Vitthal Kashinath Surwase by condoning the delay of 3289 days. There is no strong objection from other side and the death certificate indicates that Vitthal died on 6th July 2013. Therefore, considering the right to defend, the application stands allowed in terms of prayer clauses (B) and (C). The appellant Acquiring Body is directed to carry out amendment within the stipulated period. 2.

Application is accordingly disposed of (SANDIPKUMAR C. MORE, J.) vd_dhirde