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Bombay High CourtCAF/3909/2025allowed

V.I.D.C. Thr Its Exe. Engineer, Amravati Medium Proj Div. (Earlier-Amravati Irrigation Div) Amravat v. Abdul Sattar S/O Sk Amir And Others

2025-11-07Hon'Ble Shri Justice Pravin S. Patil2 pages

1 / 2 12.fa428.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3909 OF 2025 IN FIRST APPEAL NO. 428 OF 2020 Vidarbha Irrigation Development Corporation, Amravati Vs.

Abdul Sattar s/o Sk. Amir and Ors.

------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Ms. Krunali Chalakh, Advocate h/f Ms. Ashwini Athalye, Advocate for appellant.

Mr. H.D. Futane, AGP for respondent Nos.2 & 3. Mr. Pawan Sarise, Advocate h/f Mr. R.J. Shinde, Advocate for respondent No.1.

CORAM : PRAVIN S. PATIL, J.

DATE : 07.11.2025 By this application, it is stated that the original claimant i.e. respondent No.1 has expired on 05.09.2021, leaving behind the present applicants as surviving heirs.

2.

According to the present applicants, there is no other surviving legal heirs of the respondent No.1 and they have right to sue for the present proceedings. The contents stated in the application is on affidavit, therefore, there is no reason to disbelieve the same.

Prity

2 / 2 12.fa428.2020 3.

Hence, for the reasons stated in the application, the application is allowed.

4.

The present applicants are permitted to be added as a party respondent in place of respondent No.1. 5.

After addition of parties, the notices be issued to the present applicants.

6.

Mr. Sarise, learned counsel waives service of notice for the newly added respondent.

7.

List the matter for further consideration as per its turn.

(Pravin S. Patil, J.) Prity