Himmatrao Pundlik Deshmukh v. The Executive Engineer, Representing V.I.D.C., Bembla Project Division, Yavatmal And Others

2026:BHC-NAG:115 1 / 2 32-caf 4612-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF)NO.4612 OF 2025 IN FIRST APPEAL NO. 633 OF 2015 Himmatrao Pundlik Deshmukh (dead) Vs. The Executive Engineer and ors. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.S.S.Nemade counsel h/f Mr. S.U.Nemade, Advocate for the appellant.

Mr. N.A.Waghmare counsel h/f Mr. P.B.Patil, counsel for the respondent No.1.

Ms.Sneha Dhote, AGP for respondent Nos. 2 and 3. CORAM : NEERAJ P. DHOTE, J.

DATE : 07/01/2026 1.

Heard the learned Advocate appearing for the applicants and the learned Advocate for the acquiring body. 2.

This is an application for setting aside the abatement and to bring on record the legal representatives of the deceased/claimant Himmatrao Pundlik Deshmukh. Copy of the death certificate showing the name of Himmatrao Pundlik Deshmukh as deceased is enclosed herewith. The application is on affidavit by the applicant No.4. There is categorical averment in the application that Kavita

2 / 2 32-caf 4612-25 the applicants are the only legal heirs of the deceased/appellant and except them, there is no other legal heir of the deceased. The learned Advocate for the applicants undertakes to place on record the copy of the legal heir certificate issued by the Competent Court before the appeal is finally heard. In this view of the matter, the application is allowed in terms of it's prayer clause.

3.

The amendment be carried out within a period of two weeks.

4.

The copy of the amended memo be supplied to the respondents.

5.

Application stands disposed of.

JUDGE Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 07/01/2026 15:42:01 Kavita