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2026 DAILYLAW 5523 (BOM)

GOVARDHAN NARHARI LOMATE DIED THR LRS DEELIP GOVARDHAN LOMATE AND ORS v. THE EXECUTIVE ENGINEER M.I.D. OSMANABAD AND ANR

CA/8932/2026 · 2026-08-29

body2026

Judgment text

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16-ca8932.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8932 OF 2026 IN FAST/26243/2020 Govardhan Narhari Lomate (died) Through L.Rs. Deelip Govardhan Lomate And Ors VERSUS The Executive Engineer, M.I.D.C., Osmanabad And Anr ---- Mr.R.D.Bhise, Advocate for applicant Mr.S.P.Nimbalkar, Advocate h/f. Mr.R.A.Tambe, Advocate for respondent no.1 Mr.S.P.Sonpavale, AGP for respondent no.2 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 29, 2026 ORDER :- Feeling aggrieved by the judgment and award dated 30.07.2013 passed by learned Joint Civil Judge, Senior Division, Osmanabad in LAR No.96 of 2023, the acquiring body has filed the First Appeal. 2. Vide present application it is sought to be submitted that during pendency of the First Appeal, original claimant namely Govardhan s/o. Narhari Lomate has expired on 18.03.2016. The applicants are legal representatives of deceased claimant in whom the right and interest of the deceased claimant is devolved. The applicants submit that they were unaware about the appeal proceedings and also were not equipped with any document pertaining this legal 2026:BHC-AUG:39724 2 16-ca8932.2026 proceedings. No sooner did they learn about pendency of the appeal, they rushed to their advocate and filed this application. 3. It is fairly stated that there is delay of 2765 days in filing the Civil Application. It is prayed that the delay be condoned, the Civil Application be allowed and the appellant be directed to add the name of the applicant nos.1A to 1C as legal representative of deceased – Govardhan Lomate in the title clause in appeal and the applications therein. 4. Learned advocate for acquiring body fairly offer no objection to allow the application. 5. For the reasons stated in the application, the application stands allowed. Delay caused in filing the application stands condoned. Applicant nos.1A to 1C be taken on record in the First Appeal as also applications therein the capacity of legal representatives of deceased Govardhan Narhari Lomate. The appellant to carry out necessary amendments in the respective title clauses within four weeks from today. [AJIT B. KADETHANKAR, J.] ……….. KBP