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Bombay High CourtCA/7479/2021disposed off

The Ex. Engineer, Osmanabad Medium Project Division, Osmanabad And ORS v. Vinayak Ramrao Gaikwad

2023-03-15Hon'Ble Shri Justice Sandipkumar C. More5 pages

{1} CIVIL APPLICATION NO.3426 OF 2023 IN FIRST APPEAL ST. NO. 4481 OF 2020 WITH CIVIL APPLICATION NO. 3429 OF 2023 IN FIRST APPEAL ST. NO. 4278 OF 2020 WITH CIVIL APPLICATION NO. 3427 OF 2023 IN FIRST APPEAL ST. NO. 4478 OF 2020 Mr. P. B. Rakhunde, advocate for the Applicants Mr. S. S. Dande, AGP for Respondents No.1 & 2. Mr. G. B. Rajale, advocate for Respondent No.3. The learned Counsel for the acquiring body seeks time to take instructions as to whether the acquiring body has fled any appeal against the award passed in LAR No. 308 of 2003, arising out of the same acquisition. Stand over to 29.03.2023, by way of last chance.

{2} CIVIL APPLICATION NO.3428 OF 2023 IN FIRST APPEAL ST. NO. 4485 OF 2020 Trivenibai Sopan Gaikwad (died) through Legal heir Applicant

Versus

The State of Maharashtra & others Respondents Mr. P. B. Rakhunde, advocate for the Applicant Mr. S. S. Dande, AGP for Respondents No.1 and 2. Mr. G. B. Rajale, advocate for Respondent No.3. Heard rival submissions.

The applicant is seeking permission to bring himself on record, being the legal representative of Respondent - sole claimant Trivenibai Sopan Gaikwad in the appeal by condoning delay of 2451 days.

Admittedly, Trivenibai died on 25.02.2016 and considering right to defend, her legal heirs are to be brought on record. As such, the application stands allowed in terms of prayer clauses {B} and {C}. The acquiring body to carry out

{3} the amendment forthwith.

Civil Application is disposed of.

{4} CIVIL APPLICATION NO.7477 OF 2021 IN FIRST APPEAL ST. NO. 4278 OF 2020 WITH CIVIL APPLICATION NO. 7479 OF 2021 IN FIRST APPEAL ST. NO. 4478 OF 2020 WITH CIVIL APPLICATION NO. 7481 OF 2021 IN FIRST APPEAL ST. NO. 4481 OF 2020 WITH CIVIL APPLICATION NO. 7475 OF 2020 IN FIRST APPEAL ST. NO. 4485 OF 2021 WITH CIVIL APPLICATION NO. 7472 OF 2021 IN FIRST APPEAL ST. NO. 4489 OF 2020 Mr. G. B. Rajale, advocate for the Applicants. Mr. P. B. Rakhunde, advocate for the Respondents-claimants. Heard rival submissions.

The applicant-acquiring body is seeking condonation of delay of 1744 days, in all these applications, which appears to be caused due to obtaining approvals at various stages.

Though the applications are opposed by the

{5} learned Counsel for the respondents-claimants, but considering the statutory right of the applicant, delay of 1744 days stands condoned.

Appeals be placed for admission after removal of offce objections, if any.

Civil Applications are disposed of.