Ashok Mukundrao Shinde (Died) Thr Lrs. ... vs The Exe. Engineer Minor Irrigation ...
2024 Latest Caselaw 14530 Bom

Bombay High Court

Ashok Mukundrao Shinde (Died) Thr Lrs. ... vs The Exe. Engineer Minor Irrigation ... on 7 May, 2024

2024:BHC-AUG:9961
                                                                              924ca8417-23

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                            924 CIVIL APPLICATION NO. 8417 OF 2023
                                       IN FAST/23472/2015

              ASHOK MUKUNDRAO SHINDE (DIED) THR LRS. GAYATRI ASHOKRAO
                                       SHINDE
                                      VERSUS
                THE EXE. ENGINEER MINOR IRRIGATION DIV., LATUR AND ANR

              Mr. P. V. Gole h/for Mr. V. D. Gunale, Advocate for Applicant
              Mr. S. V. Hange, AGP for the Respondents, State.
              Mr. D. B. Pawar, Advocate for Respondent No.1.

                             CORAM            :   Y. G. KHOBRAGADE, J.
                             DATE             :   7th May, 2024
              ORDER:

1. Heard learned counsel for the applicant. None appear d for

the non-applicant/ Acquiring Body.

2. Mr. P. V. Gole, the learned counsel holding for Mr. V. D. Gunale,

the learned counsel for the applicant/claimant submits that the

Acquiring Body has filed the appeal challenging the judgment and

award dated 13.04.2012 in LAR No. 293 of 2012 (Old No. 917 of

2002).

3. During Pendency of the appeal, the original claimant died

living behind legal heirs named in the legal heirs certificate issued by

the learned Joint Civil Judge, Junior Division, Ahmedpur in Misc.

Application No. 482 of 2022.

924ca8417-23

4. Needless to say that the present applicant is legal heir of

original clamant who sought to be impleaded being legal heirs in the

first appeal. As per provisions of Order 22 Rule 1 and 2 of the Civil

Procedure Code, it is the duty of the appellant to bring the legal heirs of

deceased respondent on record, if died during pendency of the appeal

and cause of action survives.

5. As per the order sheet, on number of times, the learned

counsel appearing for the Acquiring Body sought time to file application

for bringing the legal heirs of sole respondent/claimant on record. The

Original claimant died on 24.05.2022 but still no steps have been taken.

Therefore, the appeal is abated as against the respondent/ claimant

under order 22 Rule 4 of the Civil Procedure Code.

6. Civil Application is disposed off.

( Y. G. KHOBRAGADE, J. )

JPChavan