Satybhama Ramesh Kankute And Another v. The State Of Maharashtra Through Its Secretary And Others

CA 12465/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 977 CIVIL APPLICATION NO.12465 OF 2023 IN WP/1219/2016 WITH CA/12468/2023 IN WP/1219/2016 WITH CA/12466/2023 IN WP/1219/2016 WITH CA/12470/2023 IN WP/1219/2016 WITH WP/1219/2016 RAMA GOVIND KOLHEWAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Applicants : Mr. A.R. Tapse h/f. Mr. P.D. Suryawanshi AGP for Respondents 1 to 3 in WP : Mr. N.T. Bhagat ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 12/10/2023 PER COURT :

1.

As there is no objection from other side, Civil Application No. 12468/2023 filed for bringing the legal heirs of deceased respondent on record is allowed. Necessary amendment be carried out. 2.

By way of Civil Application No. 12466/2023, applicant No. 3A is seeking permission to execute the compromise deed on behalf of minor applicant Nos. 3B & 3C.

3.

By way of Civil Application No. 12470/2023, applicant No. 1 is seeking permission to execute the compromise deed on behalf of minor applicant No. 2. Applicant No. 1 is the mother of applicant No. 2. 4.

Guardian of the minor applicant Nos. 3B & 3C is the applicant No. 3A, mother. In the above applications, it is stated that interest of the minors are protected and that compromise is not against the interest of the minor applicants. It is further stated that in terms of the compromise arrived between the parties, the respective parties would be maintaining the position of their respective Gat numbers as mentioned in the

CA 12465/23 compromise deed. Both the parties submit that as there is no alienation of the lands and the compromise is in the interest of all the parties and the dispute between them is resolved in terms of the compromise. 5.

In view of the above and for the reasons stated in the compromise deed, civil application No. 12466/2023 is allowed. Permission is granted to the mother/ applicant No. 3A to execute the compromise deed on behalf of minor applicant Nos. 3B and 3C. Civil Application No. 12470/2023 is also allowed and permission is granted to the mother/applicant No. 1 to enter into the compromise on behalf of the minor/applicant No. 2. [ARUN R. PEDNEKER J.] ssc/