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Bombay High CourtCA/11722/2019disposed off

Vandana Dadasaheb Ambad In Between Shivajirao (Died) Thr Lrs Suraj And ORS v. The State Of Maharashtra And Others

2021-08-30Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO.6194 OF 2021 IN FA/2608/2018 SURAJ RAJESH SALUNKE AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER LIFT IRRIGATION DIVISON, OSMANABAD THR SUB DIV. OFFICER MOHAMMAD WITH CA/11722/2019 IN FA/2238/2014 WITH CA/11720/2019 IN FA/2608/2018 WITH CA/8963/2021 IN FA/2608/2018 ...

Advocate for Applicants : Mr. Salunke V. D., Mr. S. S. Deshmukh, AGP for Respondent/s-State : Mr. S. G. Sangle. Advocate for Respondent No.1 : Mr. S. C. Arora. ...

CORAM : RAVINDRA V. GHUGE, AND S. G. MEHARE, JJ.

DATE : 30.08.2021 PER COURT :- 1.

By application No.8963 of 2021, the applicants inform that during the pendency of the First Appeal, original respondent No.1 Shivajirao Kisanrao Salunke has passed away on 12.09.2015. He is survived by eight persons, who are mentioned in paragraph No.3 of the said application. One of

them, namely Vandana Dadasaheb Ambad, daughter of deceased Shivajirao, has preferred Civil Application Nos.11722 of 2019 and 11720 of 2019 for being impleaded in First Appeal Nos.2238 of 2014 and 2608 of 2018, which have been filed for enhancement in compensation.

2.

Issue notice in Civil Application No.8963 of 2021 to the eight persons mentioned in paragraph No.3 on the addresses mentioned therein, returnable on 08.10.2021.

3.

Suraj Rajesh Salunke, Sagar Rajesh Salunke and Vandana Dadasaheb Ambad waive service of notice and cause an appearance in these applications. Consequentially, Civil Application No.11722 of 2019 stands disposed off and Vandana shall be brought on record in First Appeal No.2238 of 2014 as one of the L.Rs. of deceased Shivajirao. Similarly, Civil Application No.11720 of 2019 filed by Vandana in First Appeal No.2608 of 2018 also stands disposed off in view of her appearance in Civil Application No.8963 of 2021. 4.

Mr. Arora, the learned advocate representing the acquiring body has stated that there is a delay in these applications for bringing the L.Rs. of deceased Shivajirao on

record. We are inclined to consider this contention after the parties appear in Civil Application No.8963 of 2021. (S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) ...

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