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Bombay High CourtCA/1364/2018disposed offdismissed for default

Vijaya Ujjwalshinh Raje And ORS v. Gmidc Thr Its Executive Engineer, Minor Irrigation Division, Osmanabad And ORS

2018-03-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

C.A.No.1364/2018 (28)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1364 OF 2018 IN FIRST APPEAL NO.3387 OF 2016 Sow. Vijaya w/o Ujjwalsinh Raje and ors.

..Applicants

Versus

Godawari Marathwada Irrigation Development Corporation & Ors.

..Respondents Mr V.V. Ingale, Advocate for applicants Mrs Kalpalata Patil Bharaswadkar, Advocate for respondent no.1 Mrs M.A. Deshpande, A.G.P. for respondent No.2 Mr R.L. Kute, Advocate h/f Mr V.R. Dhorde, Advocate for respondent no.3 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ Date : 9th March 2018 PER COURT 1.

The learned Counsel for the applicants submits that the applicants were parties before the reference Court. There was suit filed bearing Special Civil Suit No.106 of 2011. The same was compromised on 30.11.2012 and as per the compromise, applicants are also entitled for share in the compensation amount. 2.

Mr Kute, learned Counsel for non-applicant no.3 Ajitsingh has no objection for allowing the present applicants to be added as party. 3.

In light of the above, the present applicants are allowed to be added as party respondents. However, they will not be entitled to reagitate the issue about they being not the party before the reference Court and acquisition proceedings.

C.A.No.1364/2018 (28) 4.

Civil Application disposed of.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr