The Executive Engineer Osmanabad Minor Irrigation Division, Osmanabad v. Rameshwar Vishwanath Miran (Died) Nishigandha Shrikant Patil And Others

(1) CA No. 11552/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

911 CIVIL APPLICATION NO. 11552 OF 2017 IN FIRST APPEAL NO. 2403 OF 2016 WITH CIVIL APPLICATION NO. 608/2014 IN WP NO. 7897/2011 WITH CIVIL APPL. NO. 610/2015 IN F.A. NO. 2404/2016 WITH CIVIL APPL. NO. 612/2015 IN F.A. NO. 2405/2016 WITH CIVIL APPL. NO.11553/2017 IN F.A. NO.2404/2016 WITH CIVIL APPL. NO.11554/2017 IN F.A. NO.2405/2016 The Executive Engineer, Minor Irrigation Division, Osmanabad Applicant.

Versus

Rameshwar Vishwanath Miran (Died) Nishigandha Shrikant Patil and others Respondents.

*** Mr. S.G. Sangle, Advocate for applicant.

Mrs. M.A. Deshpande, A.G.P. for the State.

Mr. V.S. Tanwade, Advocate for respondent Nos.1 to 4. *** CORAM : R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

Dated : 08-09-2017.

(2) CA No. 11552/2017 PER COURT :- 1.

By this Civil Application, the applicant seeks transposition of respondent No.5 as co-appellant No.2. In paragraph 4 of the Civil Application, it is averred that the Water Resources Department, Government of Maharashtra, Mantralaya has informed vide letter dated 20.11.2012 that where the Acquiring Body has preferred First Appeal, the interest of the State and Acquiring Body being common, the State of Maharashtra may be transposed as co-appellant. 2.

Learned Counsel appearing for the respondent Nos.1 to 4 has no objection if the relief as prayed in this Civil Application is granted.

3.

Civil Application No. 11552 of 2017 is accordingly made absolute in terms of prayer Clause (B). Amendment to be carried out within one week from today. The amended copy of First Appeal shall be served upon the learned advocate appearing for respondent Nos.1 to 4 within 2 weeks from the date of carrying out amendment. No order as to costs. ( SUNIL K. KOTWAL) ( R.D. DHANUKA) JUDGE JUDGE *** vdd/