EKNATH MADHAV MORE DIED THR LRS VILUBAI AND ORS. v. THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM IRRIGATION DIVISION, OSMANABAD THR M.K.V.D.C. PUNE AND ORS
CA/10790/2026 · 2026-09-16
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10126 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10126 (BOM) · dailylaw.ai ]
Judgment text
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1 934-ca-10790-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10790 OF 2026 IN FA/2663/2019 Eknath Madhav More Died Thr Lrs Vilubai And Ors. VERSUS The Executive Engineer, Osmanabad Medium Irrigation Division, Osmanabad Thr M.k.v.d.c. Pune And Ors ... Mr. V. V. Ingale, Advocate for Applicants Mr. S. N. Kendre, AGP for Respondent-State Mr. R. A. Tambe, Advocate for Respondent no.1 (Thr. V. C.) …..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 16TH SEPTEMBER, 2026 P.C. :- . In the First Appeal filed by the Acquiring Body challenging the judgment and award passed by the Reference Court, this Civil Application is filed by the legal representatives of original claimant/sole respondent.
2. It is submitted that during pendency of the appeal, original claimant/sole respondent namely Eknath Madhav More died on 19.08.2020. By way of present Civil Application, directions are sought to the Acquiring Body/appellant to amend the title clause of the Appeal by incorporating the names of present applicant Nos.1A to 1F as legal representatives of deceased sole respondent.
3. For the reasons stated in the application, the same deserves to be allowed. Hence, the following order: 2026:BHC-AUG:42875
2 934-ca-10790-2026
ORDER a. Civil Application stands allowed. b. Delay of 1566 days caused in filing the present Civil Application stands condoned. c. Abatement if any, stands quashed and set aside. d. Appellant shall amend the title clause of the First Appeal and applications therein by incorporating the names of present applicant nos.1A to 1F as legal representatives of deceased sole respondent Eknath More. e. Amendment be carried out within a period of four weeks from today.
FIRST APPEAL NO.2663 OF 2019: . Mr. V. V. Ingale, learned Advocate for the original claimant/respondent submits that the Record and Proceedings is required in the Trial Court for depositing the deficit Court fees.
2. Registry is directed to remit back the Record and Proceedings to the Reference Court immediately. After payment of such Court fees in the Trial Court, the Reference Court shall remit back the Record and Proceedings immediately to this Court.
( AJIT B. KADETHANKAR, J. ) Rushikesh/2026