Smt. Gangabai Purushottam Sakhre And ORS. v. Special Land Acquisition Officer

08-caf-3356-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3356 OF 2019 IN FIRST APPEAL (ST) NO. 9584 OF 2019 Smt. Gangabai Purushottam Sakhre & Ors.

..Applicants.

Versus

Special Land Acquisition Officer Metro Centre No.1, Panvel.

...Respondent.

__________ Mr. Devidas Jadhav i/b. Shriram S. Kulkarni for Applicants. Mr. A. R. Patil, AGP for Respondent Nos.1 & 2. __________ CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 27th November, 2019.

PC :

1.

Heard the learned Counsel for the parties.

2.

By this Civil Application, the applicants are seeking permission to bring legal heirs on record of deceased Appellant No.4 Shashikant Purushottam Sakhre, who died during the pendency of the matter before the Reference court. 3.

Learned Counsel for the applicants submit that, legal heirs of deceased Respondent No.4 are already on record as Appellant Nos.1 to 3 and 5. The statement is accepted.

4.

Considering the submission made by learned V.B.Gokhale 1/2

08-caf-3356-19 Counsel for the appellants, we are satisfied that the applicants have made out a case for allowing this application. 5.

Hence, the following order.

a) The delay of 12 years, 14 days in bringing the legal heirs of deceased Appellant No.4 is condoned. b) The applicants are permitted to bring legal heirs on record of deceased Appellant No.4 in F. A. No.9584 of 2019.

c) Amendment to be carried out on or before 13/12/2019, failing which the Civil application shall stand dismissed without referring back to the court. d) Amended copy of the First Appeal to be served on the other side immediately thereafter. e) Civil Application stands disposed of accordingly.

f) No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) ----- V.B.Gokhale 2/2