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Bombay High CourtCA/14264/2017disposed offdismissed for default

The Ex. Engineer, Irrigation Division, Zilla Parishad Aurangabad And ORS v. Kashinath Raghoba Sable (Died) Thr His Lrs Sheshrao And ORS

2020-02-17Hon'Ble Shri Justice K. K. Sonawane1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 71 CIVIL APPLICATION NO.14263 OF 2017 IN FAST/35251/2017 THE EX. ENGINEER, IRRIGATION DIVISION, ZILLA PARISHAD AURANGABAD AND ORS

VERSUS

KASHINATH RAGHOBA SABLE (DIED) THR HIS LRS SHESHRAO AND ORS ...

WITH CA/12661/2017 IN FAST/35251/2017 WITH CA/14264/2017 IN FAST/35251/2017 ...

Advocate for Applicant-Acquiring Body : Mr.D.B Pawar (absent) AGP for Applicants-State : Mr.S.N.Morampalle Advocate for Respondents No.1(A) to 1(C) : Mr.Sonaji K. Adkine ...

CORAM : K. K. SONAWANE, J.

Date: February 17, 2020 ...

PER COURT :- 1.

When the matter is called out, no one else appeared on behalf of the applicant-Acquiring Body.

2.

Mr.S.K.Adkine, learned counsel for respondent Nos.1(A) to 1 (C) is present.

3.

Respondent No.1(D) is shown as dead. But, no steps are taken for bringing his legal heirs on record. Therefore, circumstances constrained this Court to abate the proceeding against deceased respondent No.1(D) under order passed by this Court on 22.10.2018. Even, thereafter, there is no progress in the matter. In view of lackadaisical attitude on part of the applicants, application for condonation of delay stands dismissed for want of prosecution. No order as to costs.

4.

In view of dismissal of the application for condonation of delay, other pending civil applications do not survive and hence, they are also dismissed.

( K. K. SONAWANE, J. ) SPT