The Executive Engineer, Latur Minor Irrigation Division, Latur And ANR v. Ganesh Shankar Panchal And ANR

1 922-CA-14884-17-2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14884 OF 2017 IN CA/11248/2016 IN FAST/22295/2016 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR AND ANOTHER

VERSUS

GANESH SHANKAR PANCHAL AND OTHERS ...

Advocate for Applicants : Ms. Bharati B. Gunjal. ...

CORAM : K.K. SONAWANE, J.

DATED : 12TH DECEMBER, 2017.

Order :- Heard learned counsel for applicant- Acquiring Body. None appears for respondents (original claimants). Perused application and relevant documents produced on record.

2.

Learned counsel for applicant- Acquiring Body submits that respondent No.2 Shankar s/o. Sakharam Panchal is no more and he passed away on 10-06-2010. The applicant- Acquiring Body is intending to bring legal representatives of deceased respondent No. 2 on record. The applicant- Acquiring Body has produced copy of death certificate of deceased respondent No. 2 Shankar and succession certificate issued by Grampanchayat authority of Village Sonwala, Tauka Jalkot, District Latur. Therefore, learned counsel for applicant prayed to allow the application for bringing legal representatives of deceased on record by condoning the delay, if any, for filing the present petition.

3.

In view of submissions and reasons mentioned in the application, there is no impediment to allow the application as prayed. Hence, civil application for bringing legal representatives of deceased respondent No. 2 stands allowed in terms of prayer clause 'B' and 'C'. The delay, if any, caused for filing present application is hereby

2 922-CA-14884-17-2 condoned. The abatement of proceedings against deceased respondent No.2 stands quashed and set-aside. The applicant- Acquiring Body to take requisite steps for bringing legal representatives of deceased respondent No. 2 on record by necessary amendment within two weeks.

4.

After requisite amendment, issue notice for admission of appeal to the legal representatives of deceased respondent No.2 on record, returnable on 22-01-2018.

5.

The civil application stands disposed of in above terms accordingly.

[ K. K. SONAWANE ] JUDGE rrd.