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Bombay High CourtCA/15186/2022disposed off

Bhagwat Narayan Chaudhari (Died) Thr Lrs. Aasha Bhagwat Chaudhari And ORS v. The Ex. Engineer, Minor Irrigation Division, Jalgaon And Others

2022-11-28Hon'Ble Shri Justice Sandipkumar C. More2 pages

13ca15186.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO.15186 OF 2022 IN FA/526/2019 BHAGWAT NARAYAN CHAUDHARI (DIED) THR LRS. AASHA BHAGWAT CHAUDHARI AND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND OTHERS ...

Advocate for Applicants : Mr. Rahul P. Savale h/f Mr.Patil Vinod Prakash Advocate for Respondent No. 1 : Mr.S.S.Chillarge AGP for Respondent Nos. 2, 3 & 4-State : Mr. P.M.Kulkarni ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 28.11.2022.

PER COURT :

1.

Heard rival submissions.

2.

The applicants who are the legal representatives of sole respondent No. 1 Claimant, for bringing themselves on record. The sole Claimant Bhagwat has admittedly died on 26.12.2019 as per the copy of death certificate annexed and therefore there is delay of 931 days in filing this application. However, considering the right to defend the application is hereby allowed in terms of prayer Clause "B" and "C". The learned counsel for the appellant/acquiring body is directed to carry out the amendment within the stipulated period.

13ca15186.22 Application is accordingly disposed of.

3.

List the First Appeal No. 526 of 2019 on 12.12.2022. ( SANDIPKUMAR C. MORE ) JUDGE mahajansb/