Madhavrao Devrao Kalewar Died Thr Lrs. Balaji And ANR v. The Godavari Marathwada Irrigation Development Corporation Ltd Through The Exe. Engineer, Nanded

2025:BHC-AUG:20413 1 23-CA 4367-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4367 OF 2017 IN FIRST APPEAL (ST.) NO. 28175 OF 2011 Madhavrao s/o Devrao Kalewar, Died through L.Rs.

Balaji Mahdavrao Kalewar and another .. Applicants

Versus

The Godavari Marathwada Irrigation Development Corporation Ltd., Through the Executive Engineer and others .. Respondents Mr. Amit Tandulkar, Advocate h/f Mr. Gajanan Kadam, Advocate for the Applicants.

Smt. C. C. Kutti, AGP for Respondent Nos. 2 and 3. CORAM : KISHORE C. SANT, J.

DATE : 31st JULY, 2025.

PER COURT :- .

This application was allowed by this Court by order dated 22.02.2023. This Court directed the applicants to carry out amendment in the title clause of the appeal within stipulated period.

2.

The learned advocate for the applicants submits that, since this is the order passed in the appeal filed by the acquiring body,

2 23-CA 4367-2017.odt the applicants could not carry out the amendment. There is need to be directed to the appellant in appeal to carry out such amendment.

3.

Considering the above, clause No. (3) of the order dated 22.02.2023 be read as under :

"3.

However, considering the right to defend, the application stands allowed in terms of prayer clause 'B' and 'C'. The appellant to carry out the amendment within six weeks from today."

4.

The civil application stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.