Dinanath Nagnath Mairan (Died) Lrs Lakhan v. The Executive Engineer Minor Irrigation Division Osmanabad And ORS

(1) 911ca12311.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.12311 OF 2018 IN FA/2404/2016 DINANATH NAGNATH MAIRAN (DIED) LRS LAKHAN

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION OSMANABAD AND ORS Mr. S. R. Pande, Advocate for the applicant Mr. S. G. Sangle, Advocate for the respondent Mr. S. P. Tiwari, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE: 25th AUGUST, 2023 P. C.

1.

This application is filed for adding the applicant as party in the first appeal. It is submitted that in the Executing Court he is already added as party. He happens to be son of daughter of original claimants i.e. Dinanath Nagnath Mairan and thus he has interest in the dispute.

2.

Heard the respondents.

3.

Though the learned advocate for the respondent

(2) 911ca12311.18 objected, this court finds that since the applicant is already on record in the execution proceeding, he would be necessary party before this court being legal heir of the original claimant. 4.

In view of above, the application stands allowed in terms of prayer clause-B and disposed off.

[KISHORE C. SANT, J.] VishalK/911ca12311.18