Dagdu Totaram Patil (Died) Thr Lrs Khandu And ORS v. The Area Manager, M.I.D.C, Jalgaon Midc, Jalgaon And ORS

1 973-CA-2816-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ...

973 CIVIL APPLICATION NO. 2816 OF 2018 IN FA/4117/2016 DAGDU TOTARAM PATIL (DIED) THR LRS KHANDU AND ORS

VERSUS

THE AREA MANAGER, M.I.D.C, JALGAON MIDC, JALGAON AND ORS ..

Mr. V.S. Deshmukh h/f Mr. Ajeet B. Kale, Advocate for Applicants Mr. G.S. Khairnar h/f Mr. S.S. Dande, Advocate for respondent No. 1 Mr. A.D. Namde, AGP for respondent No. 2 ..

CORAM : SUNIL P. DESHMUKH, J.

DATED : 23rd MARCH, 2018.

Order :- 1.

This application has been moved by legal heirs of deceased respondent No. 1 - Khandu Dagdu Patil for bringing them on record of first appeal filed by the acquiring body. During pendency of appeal, respondent No. 1- original claimant died. 2.

Learned counsel for appearing parties do not have any particular objection to grant the application. 3.

In view of the same, civil application is allowed in terms of prayer clauses (B) and (C ).

4.

The appellant is permitted to bring on record the legal heirs of deceased respondent No. 1 - original claimant as shown in this

2 973-CA-2816-18 civil application.

5.

The delay caused in bringing legal heirs of deceased respondent No. 1 in appeal on record of first appeal stands condoned. Abatement of appeal, if any, is set aside. 6.

Appellant to carry out amendment to title clause of memorandum of appeal immediately.

7.

Civil application is accordingly disposed of. [ SUNIL P. DESHMUKH ] JUDGE MTK.