Bombay High CourtCAF/2771/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Wardha v. Hiraman Bagoji Dahat And 2 Others

2018-09-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2771.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2771/2018 IN FIRST APPEAL NO.314/2015 (Decided) VIDC, through its Executive Engineer, Lower Wardha Project Division, Wardha. ..Vs..

Hiraman s/o Bagoji Dahat and others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, Advocate h/f Shri Vinay V. Dahat, Advocate for applicant / appellant.

Shri Ritesh N. Badhe, Advocate for non-applicant/ respondent No.1. Shri H.D. Dubey, AGP for non-applicant / respondent Nos. 2 and 3. CORAM : Z.A. HAQ, J.

DATE : 26.9.2018.

This civil application is filed in First Appeal No. 314/2015 which is disposed, having been amicably settled before the National Lok Adalat on 22nd April, 2018. By this civil application, the applicants seek permission to come on record as the legal representatives of the respondent No.1 / claimant who according to them has died on 30th January 2017. On 19th September 2018, the matter was adjourned on the request of Shri Vinay V. Dahat, Advocate to file reply and to take instructions from the appellant.

Shri M.A. Kadu, Advocate holding for Shri Vinay. V. Dahat, Advocate for the appellant states that as per the instructions given by the appellant, the claim of the applicants that they are the legal representatives of the

2 caf2771.18 respondent No.1 - Hiraman s/o Bagoji Dahat is proper and correct. The learned Advocate for the appellant has submitted that the present applicants are brought on record as the legal representatives of Hiraman s/o Bagoji Dahat in First Appeal No. 538/2015 as per the order passed on Civil Application (CAF) No. 1558/2018 on 11th July 2018. In view of the above submissions, the appellant is directed to amend the cause title showing the names of the applicants as the legal representatives of the respondent No.1 / claimant.

After the amendment is carried out, the amount deposited by the appellant with the Registry of this Court alongwith interest on it, be given to the applicant No.1 (a) i.e. Sandhya wd/o Hiraman Dahat.

The civil application is allowed accordingly. No costs.

JUDGE rkn.