Vidarbha Irrigation Development Corporation, Through Executive Engineer, Bembla Project, Yavatmal v. Vitthal Annaji Adekar And Others

5 CAF-1729-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1729 OF 2022 IN FIRST APPEAL NO.584 OF 2015 {Vidarbha Irrigation Development Corporation, Yavatmal ..Vrs.. Vitthal Annaji Adekar and Ors.} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri M. A. Waghmare, Adv. h/f Shri P. B. Patil, Advocate for the Applicant/Appellant.

Shri M. V. Bute, Advocate for the Respondent No.1. Ms T. H. Udeshi, AGP for the Respondent Nos.4 and 5. CORAM : ABHAY AHUJA, J.

DATE : 14 th SEPTEMBER , 202 2 .

.

This is an application filed by the appellant/VIDC to bring the legal representatives of the deceased respondent no.2 on record.

2.

The learned counsel for the appellant submits that the respondent no.2 passed away on 28.09.2010. He further submits that however, the legal heirs of the respondent no.2 were not brought on record during the pendency of reference case before the Reference Court as no such information was provided.

3.

The learned counsel for the respondent no.1 and the learned Assistant Government Pleader for the respondent nos.4 and 5 have no objection, if the application is allowed to bring on record the legal heirs of the deceased respondent no.2.

5 CAF-1729-2022 4.

Having heard the learned counsel for the parties and having perused the application, the civil application for bringing the legal heirs of the deceased respondent no.2 as mentioned in paragraph 5 of the application, is hereby allowed.

5.

Let the appeal be amended within a period of two weeks and let a copy of amended appeal be served on the respondents within a period of one week thereafter. 6.

Accordingly, the civil application stands disposed of. FIRST APPEAL NO.584 OF 2015 7.

The learned counsel for the respondent no.1 seeks time to file Vakalatnama for the respondent nos.2 and 3 in the matter.

8.

Let the Vakalatnama for the said respondents be filed within a period of three weeks.

9.

List the matter on 04.10.2022.

(JUDGE) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE