The Executive Engineer, Minor Irrigation Division-1, Aurangabad v. Indal S/O Gulchand Kahite And Others

18-CA-4044-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4044 OF 2023 IN FIRST APPEAL NO. 1273 OF 2021 WITH CA/6793/2021 IN FA/1273/2021 INDAL S/O GULCHAND KAHITE DIED THR LRS MATHURABAI INDALE KAHITE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AURANGABAD AND OTHERS ...

Mr. P.M. Janapurkar - Advocate for Applicants Mr. A.B. Chate - AGP for Respondent Nos.1 and 2, State Mr. K.P. Rodge h/f. Mr. P.G. Rodge - Advocate for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking correction only in the name of applicant no.1[d] as Savita w/o. Shamsundar Maher instead of Savita Sham Maher as stated in the title clause of main appeal.

3.

The learned counsel for the appellant - acquiring body 1/2

18-CA-4044-2023 also admits that, such correction can be done since, the applicants were not the parties in original proceedings. The Adharcard of applicant no.1[d] also shows that her name as Savita w/o. Shamsundar Maher.

4.

As such, the application is partly allowed and the appellant - acquiring body is directed to carry out the amendment in the main appeal as well as stay application No.6793 of 2021 in respect of name of present applicant no.1[d] as aforesaid forthwith.

5.

The Civil Application is disposed of.

CIVIL APPLICATION NO. 6793 OF 2021 6.

Since the appellant - acquiring body has deposited entire amount of compensation alongwith the interest, the application is made absolute in terms of prayer clause 'B' and disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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