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Bombay High CourtCA/2126/2016admittedallowedgrantedrule absolute

Shivkumar Amrutrao Solanke And Others v. The Executive Engineer, Minor Irrigation Division, Jalna Thr Its Assistant Engineer And Others

2016-02-23Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 2126 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.2126 of 2016 In First Appeal No.75 of 2014 Shivkumar s/o Amrutrao Solunke And Others.

.. Applicants.

Versus

The Executive Engineer, Minor Irrigation Division Jalna And Others.

.. Respondents.

-------- Shri. P.R. Katneshwarkar, Advocate, for applicants. Shri. S.C. Arora, Advocate, for respondent No.1. -------- CORAM: T.V. NALAWADE, J.

DATE : 23rd FEBRUARY 2016 ORDER:

1) The application is filed for technical things. The original claimant No.3 Chandrakalabai died on 15-22011. It appears that the appeal was decided on merit on 11-2-2015. But aforesaid circumstance was not brought to the notice of this Court. The applicants who are legal representatives of claimant No.3, Chandrakalabai, have problems for withdrawal of amount of compensation as

2 CA 2126 of 2016 they are not brought on the record and so present application is filed.

2) In view of these circumstances after hearing the learned counsel for the acquiring body and the learned Assistant Government Pleader, the application is allowed. For the aforesaid technical aspects amendment is to be carried in the appeal memo and also in the judgment delivered by this Court in the first appeal. Sd/- (T.V. NALAWADE, J. ) rsl