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Bombay High CourtFA/430/2007disposed off

Shri. Hari Bama Bhagat And ORS. Through Their Power Of Attorney Laxman Shivram Dongare. v. The Spl.Land Acquisition Officer

2021-08-01Hon'Ble Shri Justice Madhav J. Jamdar,National Lok Adalat3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.430 OF 2007 Shri Hari Bama Bhagat & Ors.

Through their Power of Attorney Laxman Shivram Dongare .... Appellants vs.

The Special Land Acquisition Officer .... Respondent ALONGWITH INTERIM APPLICATION NO.1612 OF 2021 Ambibai Ramdas Khutale @ Sitabai R. Khutle (since deceased) through LRS. 1A. Madhukar Ramdas Khutle .... Applicant vs.

The Special Land Acquisition Officer .... Respondent ALONGWITH INTERIM APPLICATION NO.1611 OF 2021 Raghunath Bama Bhagat (Since Deceased) Through LRS Smt. Fashibai R. Bhagat .... Applicant vs.

The Special Land Acquisition Officer .... Respondent ALONGWITH INTERIM APPLICATION (STAMP) NO.1610 OF 2021 Maya Bama Bhagat (Since Deceased) Through LRS Muktabai B. Bhagat & Ors.

.... Applicants vs.

The Special Land Acquisition Officer .... Respondent ------------------- Mr. Saurabh Butala a/w. Mr. Vishal Dongre for the Appellants. Mr. A. R. Patil, Addl. GP for the Respondent-State. ------------------- Sonali 1/3

CORAM :

MADHAV J. JAMDAR, J.

P. P. SHARMA, O.S.D.

D. N. KHER, COURT RECEIVER DATE : 1st AUGUST, 2021 P.C. :

1.

Learned Advocate, Mr. Saurabh Butala appears for the Appellants and Mr. A. R. Patil, Addl. GP appears for the RespondentState. 2.

Mr. Saurabh Butala, learned Advocate appearing for the Appellants and Mr. A. R. Patil, Addl. GP appearing for the Respondents state that by consent the Interim Application No. 1612 of 2021 filed for bringing on record legal heirs and representatives of Appellant No.4, Interim Application No. 1611 of 2021 filed for bringing on record heirs and legal representatives of Appellant No.3 and Interim Application No. 1610 of 2021 filed for bringing on record legal representatives of Appellant No.2 be granted. 3.

In view of the said submission, Interim Application No. 1612 of 2021, Interim Application No. 1611 of 2021 and Interim Application No. 1610 of 2021 are allowed. Amendment be carried out within a period of two weeks from today.

4.

Mr. Butala, learned Advocate appearing for the Appellants tenders in Court the consent terms dated 1st August, 2021 filed in First Appeal No. 429 of 2007. Consent terms are taken on record and Sonali 2/3

marked as "A" for identification. He states that the Appellant No.1Shri Hari Bhama Bhagat, Appellant No. 2B2-Shri Darshan Balaram Bhagat, Appellant No.3(i)E-Shri Pramod R. Bhagat and Appellant No.4A- Shri Madhukar R. Khutle are present in the Court. 5.

We have interacted with the Appellants, who are present in the Court and they have informed that their Advocate has translated in Marathi the contents of consent terms and same are acceptable to them. They also confirmed that the signatures/thumb impressions on the consent terms are of respective Appellants. They further state that the Appellants, who are today not in Court have also executed the consent terms after understanding the contents of the same. The consent terms are also executed by Dr. Deepa Bhosale, Deputy Collector, Metro Centre No.1, Panvel. She is also present in Court and accepts the contents of the consent terms.

6.

In view of above, the Appeal is disposed of in terms of the consent terms. Civil Application if any, stands disposed of. 7.

Refund of Court fees as per rules.

(D. N. KHER) (P. P. SHARMA) (MADHAV J. JAMDAR, J.) Sonali 3/3