Bhagwan Shankar Gaikwad (Died) Thr Lrs. Sumanbai Bhagwan Gaikwad And Others v. The Deputy Engineer (Construction), Central Railway, Pune And Another

(1) 908 CA-15865.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.15865 OF 2022 IN FA/1453/2010 WITH FA/1431/2010 WITH FA/1454/2010 WITH FA/1452/2010 BHAGWAN SHANKAR GAIKWAD (DIED) THROUGH LRS SUMANBAI BHAGWAN GAIKWAD AND OTHERS

VERSUS

THE DEPUTY ENGINEER (CONSTRUCTION) CENTRAL RAILWAY, PUNE 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 Bhagwan Shankar Gaikwad by condoning the delay of 1024 days. There is no strong objection from other side and the death certificate indicates that Bhagwan died on 29.08.2019. 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.

3.

List these Appeals alongwith the connected appeal for final hearing on 3rd February 2023.

(SANDIPKUMAR C. MORE, J.) vd_dhirde