Apparao Yadavrao Akat (Died) Thr Lrs Dropadabai And ORS v. The Executive Engineer, Lower Dudhana Project, Division Selu, And Others

31.CA.14488.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO.14488 OF 2019 IN FA/711/2016 APPARAO YADAVRAO AKAT (DIED) THR LRS DROPADABAI AND ORS

VERSUS

THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT, DIVISION SELU, AND OTHERS ...

Advocate for Applicants : Mr. Kakade Deepak M. AGP for Respondent: Mr. S.N. Morampalle Advocate for Respondent Nos. 1 and 3 : Mr. Ruturaj C. Patil ...

CORAM

: MANGESH S. PATIL, J.

DATE : . 11.12.2019 PER COURT :

This is application by the legal representatives of the original claimant who are seeking to come on record of the First Appeal No. 711/2016 which has been disposed of by the Judgment and order dated 14.01.2019.

2.

It appears that the original claimant has died on 02.08.2016 whereas the First Appeal was filed on 01.10.2015. It appears that for want of knowledge the First Appeal proceeded as it is and was dismissed by the judgment and order mentioned herein above.

3.

The application has now been made by the legal representatives of the deceased respondent/claimant. The heir-ship certificate has been issued by the competent court in favour of the applicant stating them to be the legal heirs of the deceased Apparao Yadavrao Akat. 1/2

31.CA.14488.19.odt 4.

The learned advocate for the acquiring body does not have any objection.

5.

The application is allowed. The legal representatives of the original respondent/claimant are allowed to be brought on record. Necessary amendment to be carried out in the appeal memo by the acquiring body forthwith. In view of the direction in the judgment and order even these legal representatives are allowed to withdraw the amount with interest.

(MANGESH S. PATIL, J.) habeeb 2/2