M.I.D.C., Thr Regional Manager, Latur v. Dagdu Sidram Tele And ANR

1 939-CA-67-2022 & 69-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.67 OF 2022 IN FA/715/2010 M.I.D.C., THR REGIONAL MANAGER, LATUR

VERSUS

DAGDU SIDRAM TELE AND ANR ...

Advocate for Applicant : Mr G.S. Khaire h/f Mr S.S. Dande Advocate for Respondent No. 1 : Mr R.P. Adgaonkar AGP for Respondent No.2 : Mrs D.S. Jape AND 939 CIVIL APPLICATION NO.69 OF 2022 IN X-OBJST/8909/2011 DAGDU SIDRAM TELE (DIED) THROUGH LRS NANASAHEB AND ANR

VERSUS

DIV. MANAGER, M.I.D.C., DIV. OFFICE LATUR AND ANR ...

Advocate for Applicants : Mr R.P. Adgaonkar Advocate for Respondent No. 1 : Mr G.S. Khaire h/f Mr S.S. Dande AGP for Respondent No.2 : Mrs D.S. Jape CORAM : SHRIKANT D. KULKARNI, J.

DATE : 5th JANUARY, 2022 PER COURT :

1.

Heard Mr G.S. Khaire holding for Mr S.S. Dande, learned counsel for the applicants and Mr R.P. Adgaonkar, learned counsel for the objection petitioners on the point of bringing on record legal heirs. 2.

In both the applications, there is delay in bringing on record legal heirs. In order to decide the appeal and the cross objections as well

2 939-CA-67-2022 & 69-2022 on its own merits, it is necessary to bring on record legal heirs by condoning the delay. No prejudice would be caused to the either side even if the delay is condoned and legal heirs are permitted to be brought on record. As such, I am convinced to allow both the applications.

ORDER

(i) Civil Application No. 67/2022 is allowed in terms of prayer clause (A) and (B).

(ii) Civil Application No. 69/2022 is hereby allowed in terms of prayer clause (B) and (C).

(iii) Necessary corrections be made in the cause title of appeal memo as well as cross-objections.

(iv) Both Civil Applications are accordingly stand disposed of. [ SHRIKANT D. KULKARNI, J. ] mta