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Bombay High CourtIA/817/2022disposed off

Dagdu Hira Karadi @ Mundkar (Sincedeceased Thr. Lrs. Indubai Dagdu Mundkar And ORS.) v. The State Of Maharashtra Through The Special Land Acquisition Officer

2022-03-08Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

Digitally signed by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2022.03.09 10:19:46 +0530 MOHAMMAD NAJEEB MOHAMMAD QAYYUM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Interim Application No. 817 / 2022 in Cross Objection No. 1 / 2022 Dagdu Hira Karadi @ Mundkar (since deceased) Thr. LRS. Indubai Dagdu Mundkar and Ors.

... Applicants

Versus

The State of Maharashtra through the Special Land Acquisition Officer ... Respondent Alongwith Cross Objection No. 1 / 2022 and Civil Application (CAF) No. 4153 / 2010 in First Appeal No. 1630 / 2010 The State of Maharashtra ... Applicant

Versus

Hira Narayan Karadi D.H. Janaki Hira Karadi @ Mundkar D.H. 2. Dagadu Hira Karadi @ Mundkar and Ors.

... Respondents Alongwith Civil Application in Oth. (MCA/TXA/CA/FERA) (CAO) No. 2 / 2022 in Cross Objection No. 1 / 2022 Krushna Hira Karadi Alias Mundkar (deceased) Thr. His Legal Heirs 1) Smt. Ramibai K.

1/3

Mundkar and Anr.

... Applicants

Versus

The State of Maharashtra through the Special Land Acquisition Officer ... Respondent Alongwith Civil Application (CAF) No. 23 / 2022 in First Appeal No. 1630 / 2010 Hira Narayan Karadi D.H. Janaki Hira Karadi @ Mundkar D.H. 2. Dagadu Hira Karadi @ Mundkar and Ors.

... Applicants

Versus

The State of Maharashtra through the Special Land Acquisition Officer ... Respondent **** Mr. S.S. Punde, Advocate for the Applicants.

Mr. Y.Y. Dabke, APP for State.

**** CORAM : SANDEEP K. SHINDE, J.

DATE : 8 th MARCH, 2022.

P.C.

1.

Dagdu Hira Karadi @ Mundkar - Cross-objectionist No.2 in First Appeal No. 1630/2010 and Respondent No.2 in First Appeal; has passed away on 6 th September, 2020. Legal representatives of 2/3

deceased - Cross-objectionist, have moved this application for their impleadment as Cross-objectionist 2A, B, C, D and E. 2.

For the reasons stated in the application, the order of abating Cross Objection and in First Appeal against deceased - Dagdu Mundkar, are set aside. The Application No. 817/2022 is allowed and made absolute in terms of prayer clause 'a' and 'b'. Consequential amendment in the Cross Objection to be carried out within three weeks from today. Corresponding amendment shall also be carried out by the State in the appeal memo. 3.

Consequential amendment shall be carried out in Appeal and in all pending Civil Applications filed by the respective parties. 4.

Interim Application No. 817/2022 is disposed of. (SANDEEP K. SHINDE, J.) 3/3