Bombay High CourtCAF/4379/2019ca disposed off

Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal And Another v. Bhaskar Shivaji Tone (Dead) Thr. Lrs. Kusum Janardhan Raut And Others

2019-12-10Hon'Ble Shri Justice Vinay Joshi2 pages

1 CAF4378.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4378 OF 2019 IN FIRST APPEAL NO. 831 OF 2019 Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal and anr. ..vs..

Bhaskar Shivaji Tone (dead) thr. LR'

s 1. Kusum Janardhan Raut (Dead) 2. Dnyaneshwar Anandrao Tone and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Adv. for appellants.

Shri K.S. Narwade, Adv. for respondent nos. 2 to 4. Shri A. Palshikar, A.G.P. for respondent nos. 6 and 7. CORAM : VINAY JOSHI, J.

DATED : 10 th DECEMBER, 2019 Heard.

On account of death of respondent no. 5Lilabai Tone, the applicant namely Nitin s/o Dyaneshwar Tone seeks to implead him as a party respondent in the appeal. In support of contentions, he is produced registered copy of Will showing that Lilabai Tone has bequeath her interest of compensation amount to him. Considering the said aspect, Civil Application is allowed. The appellant is directed to implead Nitin s/o Dyaneshwar Tone as a party respondent in this appeal. Civil Application stands disposed accordingly.

2 CAF4378.19 CIVIL APPLICATION (CAF) NO. 4379 OF 2019 Heard.

On account of death of respondent no. 1Kusum Janardhan Raut, the applicant namely Vilas s/o Janardan Tone seeks to implead him as a party respondent in the appeal. In support of contentions, he is produced registered copy of Will showing that Kusum Janardhan Raut has bequeath her interest of compensation amount to him.

Considering the said aspect, Civil Application is allowed. The appellant is directed to implead Vilas s/o Janardan Tone as a party respondent in this appeal. Civil Application stands disposed accordingly.

JUDGE Trupti