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Bombay High CourtCA/16863/2022disposed off

Arjun Martand Kamble Died His Lrs Dhuliram A Kamble Died Thr Lrs Sojarbai D Kamble And Others v. The Executive Engineer, Irrigation Department Strengthening Division Omerga And ORS

2022-12-14Hon'Ble Shri Justice Sandipkumar C. More2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16863 OF 2022 IN FIRST APPEAL NO. 1726 OF 2020 Arjun s/o Martand Kamble (died), through L. Rs.

Applicants

Versus

The Executive Engineer, Irrigation Project Strengthening Division, Omerga & others Respondents Mr. P. B. Rakhunde, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondents No.2 & 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 14th December, 2022.

PC :

Heard rival submissions.

The applicants being the legal heirs of originalclaimant Arjun Martand Kamble, who died on 01.10.2014, are seeking permission to bring themselves on record in F.A. No.1726 of 2020 and to permit themselves to withdraw the amount of Rs.1,73,397/- along with interest.

Admittedly, First Appeal No. 1726/2020 has been disposed of in Lok Adalat held on 13.07.2019. Further, it

{2} ca16863.22.odt appears that at the time of disposal of this appeal, the original claimant was no more. However, in the award itself, the panel members had granted liberty to the applicants, who are the original claimants, to bring the legal heirs/representatives on record.

In view of the same, the application stands allowed in terms of prayer clause "B" and "C" and disposed of accordingly.

(SANDIPKUMAR C. MORE) JUDGE adb