The Executive Engineer, Minor Irrigation Division-1, Aurangabad v. Indal S/O Gulchand Kahite (Died) Thr Lrs. Mathurabai Indal Kahite And ORS

{1} ca342.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 342 OF 2023 IN FIRST APPEAL ST. NO. 1273 OF 2021 The Executive Engineer, Minor Irrigation Division, Aurangabad Applicant

Versus

Indal s/o Gulchand Kahite (Died) Through Lrs.

Respondents Mr. A. D. Chapule, advocate holding for Mr. P. G. Rodge, advocate for the Applicant Mr. AGP for the Respondent.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th January, 2023.

PC :

The applicant-acquiring body is seeking permission to bring the legal representatives of deceased respondent no.1, who admittedly died on 08.03.2022. Though the offce remark shows that the application is within time, but considering the date of death of respondent no.1 and date of fling the application, there appears certain delay. However, considering the right to sue, the delay stands

{2} ca342.23.odt condoned and the application is allowed in terms of prayer clause "B". Necessary amendment be carried out within two weeks.

(SANDIPKUMAR C. MORE) JUDGE adb