Vitthal Tatya Dhanwade (Died) Thr Lrs Uddhav And ORS v. The Ex. Engineer, Beed Irrigation Division, Beed Thr G.M.I.D.C., Aurangabad And ANR

{1} CA 831 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.831 OF 2020 IN FA/305/2020 VITTHAL TATYA DHANWADE (DIED) THR LRS UDDHAV AND ORS

VERSUS

THE EX. ENGINEER, BEED IRRIGATION DIVISION, BEED THR. G.M.I.D.C., AURANGABAD AND ANR ...

Advocate for Applicants : Mr.Dattatraya R.Jayabhar Advocate for Respondent No.1 : Mr. Sudhir G. Bhalerao AGP for Respondent No.2 : Mr.R.B.Bagul ...

CORAM : K.K.SONAWANE, J.

DATE: 23rd January, 2020 PER COURT:- 1.

Leave to correct title clause in respect of name of applicant No.1-E as Smita @ Gayabai W/o. Vijay Shinde. 2.

Heard learned counsel for the applicants and learned counsel for respondent-Acquiring Body as well as learned AGP for the State of Maharashtra. Perused the application and other relevant documents produced on record.

3.

Applicants No.1-A to 1-E moved present application seeking permission to substitute them as legal heirs of deceased respondent No.1-Vitthal Tatya Dhanwade in appeal. It has been submitted that respondent-Acquiring Body fled proceeding of First Appeal No.305 of 2020 against deceased respondent No.1Vitthal Tatya Dhanwade and other co-owners of the acquired

{2} CA 831 OF 2020 land. Pending the appeal, respondent No.1-Vitthal Tatya Dhanwade disappeared from the village. Learned Civil Judge, Senior Division, Beed declared that there is civil death of respondent No.1-Vitthal Tatya Dhanwade, in a proceeding bearing RCS No.334 of 2018. The applicants No.1-A to 1-E are the legal heirs of deceased respondent No.1-Vitthal Tatya Dhanwade. They produced heir-ship certifcate issued by Joint Civil Judge, Junior Division, Patoda on record. The applicants No.1-A to 1-E requested to permit them to substitute respondent No.1 as party respondent in present proceeding in place of their father deceased respondent No.1-Vitthal Tatya Dhanwade. 4.

In view of attending circumstances on record, there is no impediment to allow applicants No.1-A to 1-E to substitute them as legal heirs of deceased respondent No.1-Vitthal Tatya Dhanwade in the proceeding of First Appeal No.305 of 2020. Accordingly, application stands allowed. The applicants are permitted to substitute them as legal heirs of deceased respondent No.1-Vitthal Tatya Dhanwade. The appellantAcquiring Body to carry out requisite amendment within a period of two weeks. After requisite amendment, list the appeal for further process on 13.02.2020.

( K.K.SONAWANE ) JUDGE SPT