The Executive Engineer, Lower Wardha Project Division, Wardha v. Ramaji S/O Upashya Sahare (Dead) Thr. Lrs. Ambadas S/O Ramaji Sahare And Others

8fa424.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAF) NO. 169/2023 IN FIRST APPEAL NO. 424/2018 The Executive Engineer, Lower Wardha Project Division, Wardha Vs Ramaji S/O Upashya Sahare (Dead) Lrs. Ambadas S/O Ramaji Sahare And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.M. Kukday, Advocate for the appellant. Shri C.R. Najbile, Advocate for the applicant/respondent Nos. 1 to 5. Ms Shamshi Haider, AGP for the respondent Nos. 7 and 8. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/02/ 3.

1.

Heard.

2.

This is an application filed under Order I Rule 10 of the Civil Procedure Code, 1908 for adding necessary party in the above matter. It is submitted that the applicant/respondent No.2 died on 08/02/2021. As, it is a settled law that the Order-I Rule 10 has no application in the present matter, as separate procedure is given under the Land Acquisition Act. It is the appellant, who has to take steps to bring the legal heirs of respondent No.2 on record. 3.

In view of that, the civil application No. 169/2023 is disposed of.

4.

The appellant to take necessary steps to bring the legal representatives of respondent No.2 on record. Signed By:RAJESH K NANDURKAR JUDGE rkn