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Bombay High CourtCA/53/2015admittedallowedgrantedrule absolute

Executive Engineer, Minor Irrigation Division, Dhule v. Manga Avchit Ahire And Others

2015-01-05Hon'Ble Shri Justice M.T. Joshi4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.53 OF 2015 IN F.A. [ST] NO.13861 OF 2013 Executive Engineer, Minor Irrigation Division, Dhule ..Applicants

Versus

Manga Avchit Ahire and ors.

..Respondents AND CIVIL APPLICATION NO.54 OF 2015 IN F.A. [ST] NO.13844 OF 2013 Executive Engineer, Minor Irrigation Division, Dhule ..Applicants

Versus

Madhav Bhajan Bhil and ors.

..Respondents -- Mr.V.D.Jadhav, advocate for applicants Mr.R.C.Patil, advocate for respondent no.1 Mrs.B.B.Gunjal, advocate for respondent nos.2 and -- CORAM : M.T. JOSHI, J.

DATE : JANUARY 05, 2015

PER COURT :

Heard.

2] It is an admitted fact that the death of the original claimants i.e. respective respondents in the present First Appeals came to the notice of the appellant - acquiring body only when the notices were sent to them in the present appeals. 3] Mr.R.C.Patil, learned counsel appears for the proposed legal representatives of the deceased claimants.

4] Upon hearing both sides, in view of the above position and for the reasons stated in the applications, the delay caused in filing the applications for bringing the legal representatives on record by setting aside the abatement, is condoned. The legal representatives be brought on record within two weeks from today.

5] Mr.R.C.Patil waives notice on behalf of the legal representatives in the First Appeals upon their addition.

6] Both the applications are allowed and disposed of as such.

[M.T. JOSHI, J.] kbp