Namdeo Gopal Kutwad Died Thr His Lrs Nandkumar Namdeo Kutwad Died Thr Lrs Diavashala And ORS v. The Executive Engineer, Minor Irrigation Division, Latur And ORS

ca115.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 115 OF 2017 IN FA/1780/2014 NAMDEO GOPAL KUTWAD DIED THR HIS LRS NANDKUMAR NAMDEOKUTWAD DIED THR LRS DIAVASH

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND ORS ...

Advocate for Applicants : Mr. Patil Laxmikant C. Advocate for respondent No.1: Mr. S.G. Sangle AGP for Respondent No.2: Mr. C.V. Dharurkar .....

CORAM : V. K. JADHAV, J.

DATED : 6th JANUARY, 2017 PER COURT:- 1.

Learned counsel for the applicants submits that during pendency of the appeal, the original claimant died on 12.07.2006. The legal heirs of deceased claimant were not knowing about pendency of the present appeal and therefore, the delay has been occurred in filing the application for bringing L.Rs. on record.

2.

Learned counsel appearing for the respondent acquiring body has strongly resisted the application on the ground that the delay has not been properly explained.

3.

In view of submissions made on behalf of the applicants and for the reasons stated in the application, civil application is allowed in terms of prayer clauses B, C, D and E. Civil application is disposed of. ( V. K. JADHAV, J.) rlj/