Vidarbha Irrigation Development Corp. Thr. Executive Engineer, Irrigation Department, Wardha And An v. Shri Shankar S/O Natthuji Mohurle And Others

1 / 2 21-CAF 2273.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 2273 OF 2019 IN FIRST APPEAL (STAMP) NO. 3855 OF 2019 VIDC through Executive Engineer Irrigation Department Wardha vs.

Shri Shankar s/o Natthuji Mohurle and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Shri. T. M. Zaheer, Advocate for applicant.

Smt. Trupti Udeshi, AGP for respondent Nos.4 and 5.

CORAM

: SMT. M. S. JAWALKAR J.

DATE : 08/06/2023 PURSIS (STAMP) NO. 02/2022 By this pursis appellant informed that respondent No.1 Shri Shankar S/o Natthuji Mohurle reported to be dead on 15/04/2021 and respondent No.3 Smt. Radha Sadashiv Mohurle reported to be dead on 21/10/2019. The deceased respondent Nos.1 and 3 left behind respondent No.2 Smt.Prabhavati Chinduji Watgure as the only legal heir.

KOLHE

2 / 2 21-CAF 2273.2019 2.

As such the appellant is permitted to delete the names of respondent Nos.1 and 3 from the array of respondents. Amendment to be carried out within a period of two weeks.

CIVIL APPLICATION (F) NO. 2273 OF 2019 Present application is filed for grant of leave to file appeal. In reference proceedings the applicant VIDC was the proper party as respondent, however the claimant arrayed only the Executive Engineer, M.I.D. Wardha as party respondent.

2.

As such application is allowed. Registry to take note.

FIRST APPEAL (STAMP) NO. 3855 OF 2023 Heard.

2.

Admit.

3.

Issue notice to the respondents, returnable within three weeks.

4.

Learned AGP waives notice on behalf of respondent Nos.4 and 5.

JUDGE CHANDRAKANT KOLHE 18:25 KOLHE