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Bombay High CourtCA/1783/2016disposed offdismissed for default

Bhaguram Rangrao Patil Died His Lrs Vijaymala And Others v. The Chief Engineer (Construction) Central Railway And Others

2019-09-06Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1015-ca-1783-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1783 OF 2016 IN FAST/26769/2013 BHAGURAM RANGRAO PATIL DIED HIS LRS VIJAYMALA AND OTHERS

VERSUS

THE CHIEF ENGINEER (CONSTRUCTION) CENTRAL RAILWAY AND ORS .....

Mr. S.S. Halkude, Advocate for applicants.

Mr. D.V. Soman, Advocate for respondent No.1. Mr. A.M. Phule, AGP for respondents/State.

.....

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 06th SEPTEMBER, 2019.

ORDER :

.

Learned Advocate for the proposed legal representatives is submitting Vakalatnama. Office to accept the same. 2.

Present application has been filed for bringing the legal representatives of original claimant Bhaguram Rangrao Patil on record. The original claimant expired on 28.03.2015 and he is surviving by the present applicants. The reference was decided by the trial Court on 26.09.2012. Under such circumstance, when it is a subsequent event and it is even after the civil application has been filed by the acquiring body for condonation of delay, so also the fact that the present applicants are in fact would be

1015-ca-1783-16.doc respondents in the appeal, it was only the intimation that was required to be given. However, the applicants are themselves coming before the Court and praying for bringing them on record. They are required to be brought on record, since the right to sue survives against them. There is no question of delay. Delay, even if it is stands condoned. 3.

Appellants to bring the present applicants on record. Necessary amendment to be carried out within a period of 14 days. 4.

Civil Application stands allowed and disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM