Dhammajyoti Wd/O Ashok Gaikwad And ORS v. The Ex. Engineer, Minor Irrigation Div. Latur And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 31 CIVIL APPLICATION NO.8370 OF 2022 IN FA/1177/2021 WITH X-OBJ/64/2022 IN FA/1177/2021 DHAMMAJYOTI WD/O ASHOK GAIKWAD AND OTHERS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. LATUR AND OTHERS ...

Advocate for Applicants : Mr. Shakil U. Shaikh h/f. Mr. Biradar R.D.

AGP for Respondents - State : Mr. P. M. Kulkarni Advocate for Respondent No.1 : Mr. B.R. Surwase Advocate for Respondent Nos. 4A to 4E : Mr.Sakolkar and Mr.H.B. Nandgawale ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE :

19/12/2022.

PER COURT :

Heard rival submissions. Leave to correct the number of First Appeal from Stamp No.19733/2012 to First Appeal No. 1177/2021. 2.

This is an application filed by legal representatives of deceased Ashok Gaikwad, who were in fact the legal heirs of original claimant Bhagwan s/o Dhondiba Gaikwad. The name of Ashok Gaikwad was not brought on record before the learned Reference Court. However, the other legal heirs of Bhagwan s/o Dhondiba Gaikwad, who are the present respondent Nos. 4-A to 4-E did not dispute their relationship with deceased Ashok Gaikwad or the present applicants.

3.

In view of the above, the application of applicants being the legal heirs of original claimant -Bhagwan, stands allowed and the appellant -Acquiring Body is directed to make the applicants as respondent Nos. 5 to 8 in the main appeal. Further the applicants be made party respondents in Cross objections No. 64/2022. 4.

The necessary amendment be carried out within stipulated period.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

shp/-