Namdeo Pralhad Veer Died His Lrs Baban Namdeo Veer And ORS v. The Ex. Engineer, Lift Irrigation Division, Osmanabad And ORS

1 926-CA-11794-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11794 OF 2017 IN FAST/10976/2016 MADHAV AMBADAS SHANKAR DIED THROUGH LEGAL HEIRS PARVATI AND OTHERS

VERSUS

EXECUTIVE ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD NOW UNDER THE GMIDC LTD.

...

CIVIL APPLICATION NO. 14446 OF 2017 IN FAST/11062/2016 NAMDEO PRALHAD VEER DIED THROUGH LEGAL HEIRS PARVATI AND

VERSUS

EXECUTIVE ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD NOW UNDER THE GMIDC LTD.

...

Advocate for Applicant : Mr. R. A. Deshmukh.

Advocate for Respondent No. 1 : Mr. S. G. Sangle. AGP for Respondents No.2 and 3 : Mr. S. R. Yadav-Lonikar. ...

CORAM : K.K. SONAWANE, J.

DATED : 20TH DECEMBER, 2017.

Order :- Heard learned counsel for applicants and learned counsel for respondent- Acquiring Body as well as learned AGP for respondentsState of Maharashtra and Special Land Acquisition Officer. 2.

Perused the applications. Learned counsel for applicants submits that respondent- Acquiring Body has filed appeals against respondents Namdev Pralhad Veer and Madhav Ambadas Shankar. But, both respondents are no more and they passed away in the month of August-2015 and November-2016 respectively. The applicants are the legal representatives of deceased respondents. They filed document of succession certificate/s issued by Grampachayat Authority of village Aalani, Taluka and District Osmnabad. Hence, applicants are requested to issue direction to respondent/appellant- Acquiring Body to implead them as party respondents in these matters.

2 926-CA-11794-17 3.

In view of submission, there is no impediment to provide one more reasonable opportunity to pursue the appeal as party respondents in these matters. Hence, applications are allowed in terms of prayer clause 'C'. The delay caused for filing present applications, if any, stand condoned. The applicants are permitted to join and pursue the matters. The appellant is hereby directed to carry out necessary amendment within a period of four (4) weeks and incorporated the names of legal representatives of both deceased respondent/s (original claimant/s) Namdev Pralhad Veer and Madhav Ambadas Shankar on record. Accordingly, civil applications stand disposed of in above terms. [ K. K. SONAWANE ] JUDGE rrd.