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Bombay High CourtCA/2239/2018admittedallowedgrantedrule absolute

The Executive Engineer L.M.I. Division Latur v. Vyankati Jaiwantrao Bhadade Died Thr. His Lrs Atmaram Vayankati Bhadade And Other

2018-02-21Hon'Ble Shri Justice Sunil P. Deshmukh3 pages

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2231 OF 2018 IN FIRST APPEAL NO. 3227 OF 2017 The Executive Engineer LMI Division, Latur APPLICANT

VERSUS

Kalidas Vyankati Kompale and Others RESPONDENTS WITH CIVIL APPLICATION NO. 2232 OF 2018 IN FIRST APPEAL NO. 3226 OF 2017 WITH CIVIL APPLICATION NO. 2233 OF 2018 IN FIRST APPEAL NO. 3231 OF 2017 WITH CIVIL APPLICATION NO. 2234 OF 2018 IN FIRST APPEAL NO. 3232 OF 2017 WITH CIVIL APPLICATION NO. 2235 OF 2018 IN FIRST APPEAL NO. 3233 OF 2017 WITH CIVIL APPLICATION NO. 2236 OF 2018 IN FIRST APPEAL NO. 3228 OF 2017 WITH CIVIL APPLICATION NO. 2237 OF 2018 IN FIRST APPEAL NO. 3230 OF 2017 WITH CIVIL APPLICATION NO. 2238 OF 2018 IN FIRST APPEAL NO. 3234 OF 2017 WITH CIVIL APPLICATION NO. 2239 OF 2018 IN

{2} FIRST APPEAL NO. 3229 OF 2017 .......

Mr. V. R. Sonwalkar, Advocate for the applicant Mr. A. D. Namade, AGP for respondent State Mr. N. D. Kendre, Advocate for respondent No.1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 21 st FEBRUARY, 2018 ORDER :

1.

Leave to amend.

2.

Learned advocate for the applicant states that appeals have been moved by the acquiring body and that respondents No. 2 and 3 are the State and its authority respectively, and as such, have common interest in the appeals filed by the applicant. He further refers to a communication issued by Deputy Secretary to the Government dated 8th November, 2012, wherein it has been considered desirable that the government authorities to be co-appellants along with the acquiring body, since they are having common interest and to arrange for the same. 3.

Learned advocate for the applicant further refers to order dated 30th January, 2015 in a group of civil applications filed in first appeals before division bench under similar situation, wherein the court had indulged into the similar request made

{3} under the applications.

4.

In view of aforesaid, civil applications stand allowed in terms of amended prayer clause "B" and is disposed of. [SUNIL P. DESHMUKH, J.] drp/ca2231-18