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Bombay High CourtCA/17079/2022disposed off

Deelip Madhavrao Musande v. The Ex. Engineer, Latur Minor Irrigation Division, Latur And ORS

2022-12-20Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 916 CA-17079.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.17079 OF 2022 IN FAST/24647/2019 WITH CA/1964/2020 IN FAST/24644/2019 WITH CA/1961/2020 IN FAST/24621/2019 WITH CA/1963/2020 IN FAST/24647/2019 WITH CA/3864/2021 IN FAST/24644/2019 WITH CA/7766/2021 IN FAST/24621/2019 WITH CA/7767/2021 IN FAST/24647/2019 WITH CA/11606/2019 IN FAST/24621/2019 WITH CA/11607/2019 IN FAST/24621/2019 WITH CA/11610/2019 IN FAST/24644/2019 WITH CA/11611/2019 IN FAST/24644/2019 WITH CA/11608/2019 IN FAST/24647/2019 WITH CA/11609/2019 IN FAST/24647/2019 WITH CA/17119/2022 IN FAST/24647/2019 WITH CA/17081/2022 IN FAST/24644/2019 WITH CA/17080/2022 IN FAST/24621/2019 DEELIP MADHAVRAO MUSANDE

VERSUS

THE EX. ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR AND OTHERS ...

Mr. N.D. Kendre, Advocate for the applicants. Mr. P.M. Kulkarni, A.G.P. for respondent - State. Mr. H.P. Kshirsagar, Advocate for respondent No.4. Mr. R.V. Patil, Adv. for respondent Nos.5 to 7 and 8/1 to 8/3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20.12.2022.

ORDER:- 1.

Heard rival submissions. The applicant is seeking his impleadment as a party respondent being one of the legal representatives of deceased Madhavrao Musande in the present appeal. It appears that there are in all three appeals

(2) 916 CA-17079.2022.odt filed by the Acquiring Body and in one appeal Deelip and Shahuraj both are made respondents, but in the remaining two appeals Deelip and Shahuraj were made single respondent. In the appeal filed against Shahuraj, his legal heirs as well as legal heirs of Chandrashekhar are brought on record, however, the name of Deelip is not incorporated as respondent.

2.

This Court vide order dated 21.11.2022 in CA No. 12439 of 2021 alongwith other civil applications, has already observed that irrespective of allegations made by Deelip and other representatives of deceased Madhavrao against each other, the missing legal representatives can be added as party respondents for proper adjudication. In view of the same, the present application stands allowed in terms of prayer clause (B). The amendment be carried out within stipulated period. 3.

This application is disposed of accordingly. List the other connected civil applications on 10.01.2023.

(SANDIPKUMAR C. MORE, J.) vd_dhirde