Gmidc Ltd Through Executive Engineer M I W Minor Irrigation Latur v. Kondabai Dhrupatrao Kasle And ANR

CA 1621/11 in FAST 34831/10 & others - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1621/2011 IN FIRST APPEAL (ST) NO.34831/2010 WITH C.A.1633/11 IN FAST 34835/10 WITH C.A.1642/11 IN FAST 34812/2010 WITH C.A.1645/11 IN FAST 34768/2010 GMIDC Ltd., through Executive Engineer, M I W Minor Irrigation, Latur.

...Applicant..

Versus

Kondabai Dhrupatrao Kasle & others.

...Respondents...

.....

Shri V.U. Pawar, Advocate h/f Shri S.S. Tope, Advocate for applicant / appellant.

Shri B.V. Virdhe, AGP for respondent no.2.

.....

CORAM: M.S. SONAK, J.

DATE: 12.02.2018 ORDER :

1] On 1.2.2013, this Court made the following order :- "The applicants to take step as against unserved respondents and the respondents who are dead within a period of six (6) weeks from today,a failing which the matter would stand dismissed as against

CA 1621/11 in FAST 34831/10 & others - 2 - unserved respondents and abated as against the respondents who are dead."

2] Till date, no steps have been taken against respondent no.1, despite grant of ample opportunities. 3] Respondent no.2 is the State of Maharashtra, which is either a formal party or a party supporting the applicants. Since the only contesting party i.e. the respondent no.1 is dead and despite several opportunities, no steps are taken to bring on record the L.Rs. of deceased respondent no.1, the first appeals stand dismissed for non-prosecution. Pending civil applications, if any, do not survive and the same are also disposed of.

(M.S. SONAK, J.) ndk/c1221811.doc