Ramhari Limbaji Shinde v. The G.M.I.D.C., Thr Its Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS

1 917 ca 13631-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.13631 OF 2022 IN FAST/32027/2019 RAMHARI LIMBAJI SHINDE

VERSUS

THE G.M.I.D.C., THR ITS EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS ...

Advocate for Applicant : Mr. D. A. Madake Advocate for Respondent No.4 : Mr. V. V. Ingale Advocate for Respondent No.1 : Mr. R. B. Gaikwad ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 28/09/2022.

P. C. :

1.

Heard rival submissions.

2.

The applicant - intervener is seeking participation in the instant appeal on the ground that he is also having share in the compensation in respect of acquired land.

3.

However, it appears that the land was of Shriram Devassthan Kasbe Tadwale. The 7/12 extract of the said land indicates entry of present applicant alongwith other co-sharer including Yemunabai Limba Shinde i.e. present respondent No.4. It is alleged that the compensation amount in respect of the said land was distributed equally between Shriram Devassthan and Yemunabai. Thus, it seems that if the applicant is claiming any share in the compensation regarding such land, then he will have to fle civil suit before the competent court to establish his right.

2 917 ca 13631-22 Even otherwise also the present appeal is fled by the acquiring body and therefore, the applicant is not necessary party considering the nature of present litigation. Accordingly, the application is rejected and disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-