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2026 DAILYLAW 6361 (BOM)

NIVRUTTI GANPATI MITAKARI (DIED) THR LEGAL REPR. INDUBAI DIED THR LEGAL REPR. SHOBHA AND ORS. v. THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND ORS.

CA/4045/2026 · 2026-09-02

body2026

Judgment text

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( 1 ) 942 CA 4045 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 942 CIVIL APPLICATION NO. 4045 OF 2026 IN FA/3903/2019 NIVRUTTI GANPATI MITAKARI (DIED) THR LEGAL REPR. INDUBAI DIED THR LEGAL REPR. SHOBHA AND ORS. VERSUS THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND ORS. ... Mr. G. B. Kingre h/f. Mr. D. H. Jadhavar, Advocate for Applicants Mr. S. N. Kendre h/f. Ms. Chaitali Kutti, Advocate for Respondent No.1 WITH CIVIL APPLICATION NO. 5376 OF 2026 IN FA/3903/2019 NIVRUTTI GANPATI MITAKARI (DIED) THR LRS INDUBAI DIED THR HER LEGAL REPR. SAU SHOBHA AND ORS. VERSUS THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND ORS. WITH CIVIL APPLICATION NO. 6932 OF 2021 IN FA/3903/2019 KALAWATI BHASKAR SHELKE AND ORS VERSUS THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 10014 OF 2026 IN FA/3903/2019 NIVRUTTI GANPATI MITAKARI (DIED) THR LRS INDUBAI DIED THR LRS SHOBHA AND ORS 2026:BHC-AUG:40216 ( 2 ) 942 CA 4045 OF 2026 VERSUS THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD … CORAM : AJIT B. KADETHANKAR, J. DATE : 02.09.2026 PER COURT :- CIVIL APPLICATION NO. 4045 OF 2026 IN FA/3903/2019 . Heard learned Advocate for the applicants and learned Advocate for the acquiring body. 2. This application is filed to bring on record the legal representative of applicant No.1A Indubai. The first appeal is filed by the acquiring body wherein the present applicants are the respondents. During the pendency of the appeal, the respondent – Indubai is reported to be died. The applicant No.1A(i) is said to be the legal representative of the deceased Indubai. There is delay of 4312 days caused in filing this application. 3. It is submitted that the applicant was unaware of the present proceedings pending before this Court. Upon getting knowledge of these proceedings, the application is filed although at belated stage. It is submitted that the interest of the applicant No.1A(i) is involved in this matter in the capacity of legal representative of deceased Indubai. ( 3 ) 942 CA 4045 OF 2026 4. For the reasons stated in the application, the same stands allowed. Delay in filing the application stands condoned. Abatement, if any, is set aside. 5. The applicants to amend the title clause of the first appeal and applications therein, if any, by incorporating the name of applicant No.1A(i) as legal representative of deceased Indubai. 6. Civil Application stands disposed of accordingly. [AJIT B. KADETHANKAR, J.] PRW