Murlidhar Eknath Ghogare (Died) Thr Lrs. Vimal Murlidhar Ghogare And ORS v. The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS

(1) 3 CA-16124.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 CIVIL APPLICATION NO.16124 OF 2022 IN FAST/21588/2018 MURLIDHAR EKNATH GHOGARE (DIED) THROUGH LRS.

VIMAL MURLIDHAR GHOGARE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND OTHERS ...

Mr. Vivek Tarde, for the applicants.

Mr. S.R.Yadav-Lonikar, A.G.P. for State.

Mr. R.N. Chavan, Advocate holding for Mr. S.V. Kurundkar, Advocate for respondent No.1.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

05.12.2022.

ORDER:- 1.

Heard rival submissions. The applicants are seeking permission to bring themselves on record being the legal representatives of deceased Murlidhar Eknath Ghogre, the sole respondent in the appeal, by condoning the delay of 1673 days. Admittedly Murlidhar died on 22.12.2017 as per the death certificate annexed. Considering the right to defend, the application is allowed in terms of prayer clauses B and C. The appellant Acquiring Body to carry out the amendment within the stipulated period.

2.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde