Shamrao Tukaram Yedake Dead Thr Lrs Maruti Died Thr. Lrs Sarubai Maruti Yedke And ORS v. The Executive Engineer, Irrigation Project Majbutikarn Division, Omerga And Others

2025:BHC-AUG:9414 1 935.CA.-3473-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3473 OF 2025 IN FAST/3391/2015 SHAMRAO TUKARAM YEDAKE DEAD THR LRS MARUTI DIED THR. LRS SARUBAI MARUTI YEDKE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND OTHERS ...

Advocate for Applicants : Mrs. Laxmi R. Thakur h/f Mr. L.C. patil AGP for Respondent No.1 & 2 : Mr. S.M. Ganachari Advocate for Respondent No.3 : Mr. Arjun R. Lukhe h/f Mr. A.S. Shelke ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 28th MARCH 2025 PER COURT :

1.

This application is preferred by original claimant for bringing heirs of Applicant No.1 - Maruti Shamrao Yedke and Applicant No.3 - Laxman Shamrao Yedke on record which are shown in the title clause of this application. In fact Respondent No.3 who is the acquiring body should have filed this application. There is no reason to suspect the contention in the Civil Application that the heirs have cause of action and they are entitled to be substituted. 2.

For the reasons stated in the application, I am inclined to allow the same.

2 935.CA.-3473-2025.doc 3.

The Civil Application is allowed in terms of prayer clause 'B'. 4.

The Respondent/Acquiring Body shall carry out the amendment within two weeks.

SHAILESH P. BRAHME JUDGE NAJEEB..