Bhagwat Sopan Khawale (Died) Thr Lrs. Sunita Bhagwat Khawale And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS

2024:BHC-AUG:872 64-ca-324-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 324 OF 2024 IN FAST/10596/2022 Bhagwat S/o Sopan Khawale (died) Thr Lrs. Sunita Bhagwat Khawale And Ors

VERSUS

The Exe. Engineer, Minor Irrigation Div., Osmanabad And Ors ...

Advocate for Applicant : Mr. Omprakash V. Waghmare h/f Mr. Kore Ganesh J AGP for Respondent/State : Mrs. R.R. Tandale Advocate for Respondent No.1 (through V.C.) : Mr. M.C. Swami ...

CORAM : S.G. MEHARE, J.

DATED : JANUARY 12, 2024 PER COURT:- 1.

This is an application by the respondents seeking condonation of delay in bringing the legal heirs on record and setting aside the abatement order and direction to the appellant to bring the legal heirs of respondent no.1 on record mentioned in para 3 and in title clause of the application.

2.

This seems to be an innovative application. If the respondent dies, the counsel for the respondent has simply to intimate the Court and the appellant. It is the choice of the appellant to bring the legal heirs or not. Since the application is misconceived, it is dismissed.

(S.G. MEHARE, J.) Mujaheed//