Dadarao Yasba Pawar And ORS v. The Executive Engineer And ANR

2025:BHC-AUG:18429 1 73(i).CA.12879-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12879 OF 2024 IN FAST/357/2024 DADARAO YASBA PAWAR AND ORS

VERSUS

THE EXECUTIVE ENGINEER AND ANR ...

Advocate for Applicants : Mr. Shrikant Sonkawade AGP for Respondent No.1 : Mr. D.B. Bhange Advocate for Respondent No.2 : Mr. B.R. Surwase ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 14th JULY 2025 PER COURT :

1.

The present application is for condonation of delay, setting aside abetment and bringing legal heirs of deceased Applicant No.1 - Dadarao Yasba Pawar. The legal heirs shown in the cause title of the application, are necessary parties. The cause of action survives against them.

2.

Considering the reasons stated in the application, it is desirable to be allowed. In fact the Acquiring Body should have filed such application.

3.

Civil Application is allowed by condoning delay and setting aside abetment and permitting the Applicants to bring legal heirs of deceased Applicant No.1, on record.

SHAILESH P. BRAHME JUDGE NAJEEB..