Shindhubai Sadhu Kadam And ORS v. The Executive Engineer, Osmanabad Medium Project Div. Osmanabad And ANR

10-C.A. 13313-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13314 OF 2023 IN FIRST APPEAL (ST)No. 21543 OF 2020 SHINDHUBAI SADHU KADAM AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISON OSMANABAD AND ANR ....

Advocate for the Applicant : Mr. V. B. Deshmukh AGP for Respondent No.2 : Mrs. R. R. Tandale ...

CORAM : S. G. MEHARE, J.

DATE : 16.02.2024 PER COURT :

1.

Once again it is noticed that instead of bringing the LRs on record by the appellants, the original respondent No.1 Shindhubai herself has filed this application for bringing the legal heirs of respondent No.2 on record.

2.

The simple duty of the lawyer is to intimate the other side about a death of a party. However, it appears that the learned counsel for the deceased respondent did not do such duty. The plaintiff or appellant is the master of his case. Only they have

10-C.A. 13313-2023.odt right to make changes in their petitions. If such practice is adopted, the very provision would remain in the law book only. It shows that, the legal practitioners are searching new ways to support each other. No such provision is there in the Code of Civil Procedure Code that the LRs of deceased-respondents should move an application for bringing his/her legal heir. The application is not tenable. Hence, dismissed. WITH CIVIL APPLICATION NO. 13313 OF 2023 WITHDRAWAL SHINDHUBAI SADHU KADAM AND OTHERS VERSUS THE EXECUTIVE ENGINEER, OSMANABAD MID UM PROJECT DVISION OSMANABAD AND ANOTHER 1.

The learned counsel for the applicants has no complete information about the relationship between the applicants. He is unable to render the assistance to the Court. Hence, remove from board.

( S. G. MEHARE ) JUDGE ysk