Lilabai Devidas Sapkale v. Executive Engineer, M.I.W., Jalgaon And ORS

CA 3654/2020 in FA 1566/2018 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3654/2020 IN FIRST APPEAL NO.1566/2018 LILABAI DEVIDAS SAPKALE

VERSUS

EXECUTIVE ENGINEER, M.I.W., JALGAON & OTHERS. .....

Shri V.B. Patil, Advocate for applicants.

Smt.Vaishali D. Jadhav, Advocate for respondent no.1. Shri P.M. Kulkarni, AGP for respondent nos.2 & 3. .....

CORAM: V.L. ACHLIYA, J.

DATE: 14.08.2020 PER COURT :

1] Heard learned counsel for the parties.

2] On due consideration of the submissions advanced, it appears that there was inadvertent mistake to incorporate the name of Lilabai Devidas Sapkale in Civil Application No.6942/2019 filed in Fiirst Appeal No.1666/201.. By1 order dated 21.6.2019 passed in Civil Application No.6942/2019, the applicants were permitted to withdraw the amount in terms of the order passed in the application. Although the appeal was filed against Sushilabai Raghunath Sapkale and Lilabai Devidas Sapkale i.e. present applicant, in the Civil Application No.6942/2019 name of Sushilabai Raghunath Sapkale was onl1 shown as applicant - claimant seeking withdrawal of the amount. It is submitted that the mistake was inadvertent on the part of Advocate representing the applicant. Due to oversight, name of present applicant i.e. Lilabai Devidas

CA 3654/2020 in FA 1566/2018 - 2 - Sapkale remained to be incorporated in Civil Application No.6942/2019.

3] Considering the overall facts of the case and taking note that the appellant - acquiring bod1 has filed appeal as against Sushilabai Raghunath Sapkale and Lilabai Devidas Sapkale, present applicant is entitled to make an application seeking withdrawal of the amount. Since the order to withdraw the amount is alread1 passed in the matter, it is not desirable to pass fresh order of withdrawal of amount. The mistake to mention the name of present applicant inadvertentl1 occurred on the part of Advocate representing the applicant. In that view, the application deserves to be allowed to the extent of pra1er clause (By-1) i.e. to add the name of present applicant alongwith Sushilabai Raghunath Sapkale in Civil Application No.6942/2019 decided on 21.6.2019. 4] Accordingl1, the application is allowed in terms of pra1er clause (By-1) i.e. to add name of present applicant Lilabai Devidas Sapkale in Civil Application No.6942/2019 alongwith Sushilabai Raghunath Sapkale. Necessar1 addition of name of present applicant be made accordingl1.

6] The application be marked as disposed of.

(V.L. ACHLIYA, J.) ndk/c148209.doc