THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD. v. MOHAN KHANDAPPA BIRAJDAR
CA/3945/2023 · 2025-11-21
Shri Shailesh P Brahme
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64899 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64899 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 76-CA.7264-25 & ors.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 76 CIVIL APPLICATION NO. 7264 OF 2025 IN FAST/9170/2023 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION VERSUS VISHWANATH EKNATH YAMGAR DIED PER L RS 1 A BHARATBAI VISHWANATH YAMGAR AND OTHERS WITH CIVIL APPLICATION NO. 7263 OF 2025 IN FAST/9167/2023 WITH CIVIL APPLICATION NO. 3952 OF 2023 IN FAST/9173/2023 WITH CIVIL APPLICATION NO. 3953 OF 2023 IN FAST/9173/2023 WITH CIVIL APPLICATION NO. 3949 OF 2023 IN FAST/9170/2023 WITH CIVIL APPLICATION NO. 3948 OF 2023 IN FAST/9170/2023 WITH CIVIL APPLICATION NO. 5225 OF 2025 IN FAST/9170/2023 WITH CIVIL APPLICATION NO. 3951 OF 2023 IN FAST/9167/2023 WITH CIVIL APPLICATION NO. 3950 OF 2023 IN FAST/9167/2023 WITH CIVIL APPLICATION NO. 5223 OF 2025 IN FAST/9167/2023 WITH CIVIL APPLICATION NO. 3945 OF 2023 IN FAST/9164/2023 WITH CIVIL APPLICATION NO. 3947 OF 2023 IN FAST/9164/2023 ... Advocate for Applicant/s : Mr. Pravin S. Atole h/f Mr. Ram B. Deshpande. AGP for Respondent/s-State : Mrs. M. N. Ghanekar. Advocate for respective Respondents : Mr. Shahaji Nadare h/f Mr. Ramesh Vitthal Naiknavare. ... CORAM : SHAILESH P. BRAHME, J.
DATE : 21.11.2025 PER COURT
:- Civil Application Nos.5225 of 2025, 7264 of 2025
1. These applications for bringing legal heirs of deceased/original applicant Vishwanath Eknath Yamgar. The
2 76-CA.7264-25 & ors.odt cause of action survives as against heirs. They are necessary parties. 2. Both applications are allowed. The delay stands condoned. Heirs of the deceased/claimant shall be taken on record. 3. Both the parties shall be at liberty to carry out amendment. Civil Applications for Delay
4. Applicants seek condonation of delay of 1912 days in preferring appeals. 5. The respondents have not controverted the contents of the applications. There is no reason to infer any malafides on the part of the acquiring body. It is desirable to condone the delay. 6. Civil Applications for delay are allowed. Delay stands condoned. First Appeals
7. Admit. 3 76-CA.7264-25 & ors.odt
8. Learned AGP waives service of notice for respondents/State. Learned counsel Mr. Naiknavare waives service of notice for respondent/claimant. 9. Call for Record and Proceedings from the concerned Court. 10. Print is dispensed with. Civil Application Nos.7263 of 2025, 5223 of 2025
11. These applications for bringing legal heirs of deceased/original applicant Vithal Shankar Birajdar. The cause of action survives as against heirs. They are necessary parties. 12. Both applications are allowed.
The delay stands condoned. Heirs of the deceased/claimant shall be taken on record. 13. Both the parties shall be at liberty to carry out amendment. (SHAILESH P. BRAHME, J.) ... vmk/-