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Bombay High CourtCA/11437/2025admittedallowedgrantedrule absolute

The Executive Engineer, Irrigation v. Nagesh Rangrao Waddare Died Thr Lrs Minabai And Others

2026-03-12Hon'Ble Shri Justice Kishore C. Sant , Hon'Ble Shri Justice Sushil M. Ghodeswar4 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 46 FIRST APPEAL NO. 13 OF 2016 Executive Engineer, Irrigation Project Majbutikaran Division, Omerga And Others

VERSUS

Datatrya Maruti Mane ...

WITH CIVIL APPLICATION NO. 4180 OF 2016 IN FA/16/2016 WITH FIRST APPEAL NO. 15 OF 2016 WITH CIVIL APPLICATION NO. 9045 OF 2015 IN FA/15/2016 WITH CIVIL APPLICATION NO. 10418 OF 2015 IN FA/19/2016 WITH CIVIL APPLICATION NO. 4184 OF 2025 IN FAST/5713/2025 WITH CIVIL APPLICATION NO. 4163 OF 2016 IN FA/19/2016 WITH CIVIL APPLICATION NO. 4169 OF 2016 IN FA/18/2016 WITH CIVIL APPLICATION NO. 4200 OF 2016 IN FA/13/2016 WITH FIRST APPEAL NO. 14 OF 2016 WITH CIVIL APPLICATION NO. 125 OF 2021 IN FA/19/2016 WITH CIVIL APPLICATION NO. 9040 OF 2015 IN FA/12/2016 WITH FIRST APPEAL NO. 10 OF 2016 WITH FIRST APPEAL NO. 17 OF 2016 WITH CIVIL APPLICATION NO. 9036 OF 2015 IN FA/10/2016 WITH FIRST APPEAL NO. 16 OF 2016 WITH CIVIL APPLICATION NO. 8705 OF 2020 IN FA/13/2016 WITH CIVIL APPLICATION NO. 9038 OF 2015 IN FA/11/2016 WITH CIVIL APPLICATION NO.

4172 OF 2016 IN FA/20/2016 WITH CIVIL APPLICATION NO. 4167 OF 2016 IN FA/17/2016 WITH CIVIL APPLICATION NO. 4177 OF 2016 IN FA/14/2016 WITH CIVIL APPLICATION NO. 4175 OF 2016 IN FA/15/2016 WITH CIVIL APPLICATION NO. 9653 OF 2025 IN FA/21/2016 WITH CIVIL APPLICATION NO. 9033 OF 2015 IN FA/13/2016 WITH FIRST APPEAL NO. 12 OF 2016 WITH CIVIL APPLICATION NO. 10416 OF 2015 IN FA/16/2016 WITH FIRST APPEAL NO. 21 OF 2016 WITH FIRST APPEAL NO. 11 OF 2016 WITH CIVIL APPLICATION NO. 4190 OF 2016 IN FA/12/2016 WITH CIVIL APPLICATION NO.

( 2 ) APPLICATION NO. 8706 OF 2020 IN FA/12/2016 WITH CIVIL APPLICATION NO. 11438 OF 2025 IN FA/14/2016 WITH CIVIL APPLICATION NO. 9043 OF 2015 IN FA/14/2016 WITH CIVIL APPLICATION NO. 10424 OF 2015 IN FA/21/2016 WITH FIRST APPEAL NO. 18 OF 2016 WITH CIVIL APPLICATION NO. 11437 OF 2025 IN FA/16/2016 WITH CIVIL APPLICATION NO. 11436 OF 2025 IN FA/19/2016 WITH CIVIL APPLICATION NO. 4165 OF 2016 IN FA/21/2016 WITH CIVIL APPLICATION NO. 4173 OF 2016 IN FA/10/2016 WITH CIVIL APPLICATION NO. 7 OF 2021 IN FA/18/2016 WITH CIVIL APPLICATION NO. 10426 OF 2015 IN FA/17/2016 WITH CIVIL APPLICATION NO. 10420 OF 2015 IN FA/18/2016 WITH FIRST APPEAL NO. 20 OF 2016 WITH CIVIL APPLICATION NO. 10422 OF 2015 IN FA/20/2016 WITH FIRST APPEAL NO. 19 OF 2016 WITH CIVIL APPLICATION NO. 11893 OF 2021 IN FA/10/2016 WITH CIVIL APPLICATION NO. 8 OF 2021 IN FA/11/2016 WITH CIVIL APPLICATION NO. 476 OF 2021 IN FA/20/2016 Mr. Gulab B. Rajale, Advocate for Appellant.

Mr. S. P. Joshi, AGP for Respondent-State.

Mr. Ajeet B. Kale, Advocate for Respondents.

CORAM : KISHORE C. SANT & SUSHIL M. GHODESWAR, JJ.

DATE : 12th MARCH 2026.

PC :- CA/9653/2025, CA/11437/2025, CA/11436 OF 2025 1.

Heard the parties.

2.

These Civil Applications are filed by the applicants for bringing on

( 3 ) record the legal heirs of original claimants namely, Fulchand Bhimrao Ghotale (died on 18.02.2021), Nagesh Rangrao Waddare (died on 04.12.2024) and Rajendra Gopal Shelake (died on 27.07.2024). The heirs of the original claimants are shown in paragraph No.5, paragraph No.2 and paragraph No.2 of the respective civil applications. There is delay of 1194, 213 and 343 days caused in filing the respective civil applications.

3.

For the reason stated in the applications, delay stands condoned. Applications are allowed. Necessary amendment be carried out in the cause title of the appeals and applications within one week from today. 4.

Issue notice to the newly added respondents. Learned Advocate Mr. Kale accepts notice for newly added respondents. 5.

Civil applications stand disposed off.

CA/11438/2025 6.

This civil application is filed for bringing on record the legal heirs of the original claimants namely, Shivaji Rangrao Waddare, Nagesh Rangrao Waddare and Rukminbai Rangrao Waddare. The legal heirs of deceased original claimants are shown in paragraph No.2 of the

( 4 ) application. There are delay of 3528, 213 and 191 days caused in filing the civil application.

7.

For the reason stated in the application, delay stands condoned. Application is allowed. Necessary amendment be carried out in the cause title of the appeal and application within one week from today. 8.

Issue notice to the newly added respondents. Learned Advocate Mr. Kale accepts notice for newly added respondents. 9.

Civil application stands disposed off.

10.

Place the first appeals alongwith connected applications for final disposal on board dated 26.03.2026.

[SUSHIL M. GHODESWAR, J.] [KISHORE C. SANT, J.] D.A.ETHAPE