Sayyed Shah Hussain Askari (Died) Thr Lrs Sayyed Nafijabegum Shah Hussain And ORS v. The Executive Engineer, Minor Irrigation Division, Latur And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 2513 OF 2018 IN FA/428/2015 WITH CIVIL APPLICATION NO. 2511 OF 2018.

SAYYED IRSHAD HUSSAIN ASKARI (DIED) THR LRS SAYYAD NAFIJABEGUM AND ORS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND ANR ...

Advocate for Applicants : Mr. S.S. Halkude AGP for State : Mr. P.G. Borade.

. . .

CORAM : K.K. SONAWANE, J.

DATE : 2ND JULY, 2018.

PER COURT:

Heard both the learned counsel for the applicants. Perused the applications. These are applications for bringing LRs of deceased respondents on record.

The learned counsel for the Acquiring body is absent. Learned AGP for the State is present.

Admittedly, the acquiring body has filed appeal against in all 4 respondents/original claimants, agitating the impugned judgment and award passed by the Reference Court under Section 18 of the Land Acquisition Act . Pending the appeal, respondent No.1 Syed Irshad and respondent No.2 Syed Shah passed away. The applicants are the legal heirs of deceased respondent Nos. 1 and 2. They moved the present applications, for substituting themselves in the array of respondents being legal representatives of deceased Syed Irshad and Syed Shah.

{2} 24 ca2513-18.odt In view of nature of subject matter there is no impediment to allow the legal heirs of deceased respondents for substitution as respondents in the present appeal filed by the acquiring body. Hence, the applications stand allowed in terms of prayer clause (B). Delay in filing present applications is hereby condoned and abatement of the proceedings as against deceased respondents stands quashed and set aside. The appellant acquiring body shall carry out the necessary amendment for bringing LRs of deceased respondent Nos. 1 and 2 on record within a period of four weeks from today. Both the civil applications are accordingly disposed of. [K.K.SONAWANE, J] grt/-