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Bombay High CourtCA/14550/2023admittedallowedgrantedrule absolute

The Ex. Engineer Medium Project Now L.M.I.D. Latur Under Gmidc, Aurangabad And ANR v. Ramesh Annarao Shelke And ORS

2025-11-12Hon'Ble Shri Justice Shailesh P. Brahme5 pages

2025:BHC-AUG:31084 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 FIRST APPEAL NO. 364 OF 2024 RAMESH ANNARAO SHELKE AND ORS ...

Mr. B. R. Survase, Advocate for Appellants Mr. N. R. Dayma, AGP for Respondents-State Mr. Shrikant Sonkawade, Advocate for Respondents/Acquiring body CIVIL APPLICATION NO. 14556 OF 2023 IN FA/361/2024 DNYANOBA SOPAN BAWCHE AND ANR CIVIL APPLICATION NO. 14554 OF 2023 IN FA/362/2024 ANUSAYABAI NIVARTI BIRADAR THR HER POWER OF ATTORNEY HOLDER SHAKUNTALABAI ABHANGRAO BIRADAR CIVIL APPLICATION NO. 14552 OF 2023 IN FA/363/2024

( 2 ) SHAKUNTALABAI ABHANGRAO BIRADAR AND ORS CIVIL APPLICATION NO. 14562 OF 2023 IN FA/357/2024 DADARAO YESBA PAWAR AND ORS CIVIL APPLICATION NO. 14560 OF 2023 IN FA/359/2024 HAVGI VISHWANATH MAHAJAN DIED THR LRS PARVATIBAI HAVGI MAHAJAN AND ORS CIVIL APPLICATION NO. 14548 OF 2023 IN FA/358/2024 THE EX. ENGINEER NOW L.M.I.D. LATUR UNDER GMIDC, AURANGABAD AND ANR MOHAN NIVARTI BIRADAR AND ORS CIVIL APPLICATION NO. 14558 OF 2023 IN FA/360/2024

( 3 ) GANPATI PANDURANG ARADHYE AND ORS CIVIL APPLICATION NO. 12874 OF 2024 IN FA/364/2024 RAMESH ANNARAO SHELKE DIED THROUGH LRS BALIKABAI AND ORS THE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, LATUR AND ANR ...

Mr. Shrikant Sonkawade, Advocate for Applicants Mr. N. R. Dayma, AGP for Respondents-State Mr. B. R. Survase, Advocate for Respondent-acquiring body CIVIL APPLICATION NO. 14550 OF 2023 IN FA/364/2024 RAMESH ANNARAO SHELKE AND ORS CIVIL APPLICATION NO. 12872 OF 2024 IN FA/360/2024 SHRIPATI PANDURANG ARADHYE AND ANR THE EX ENGINEER MINOR IRRIGATION DEPARTMENT AND ANR ...

Mr. Shrikant Sonkawade, Advocate for Applicants Mr. N. R. Dayma, AGP for Respondents-State Mr. B. R. Survase, Advocate for Respondent-acquiring body ...

( 4 )

CORAM

: SHAILESH P. BRAHME, J.

DATE : 12.11.2025 PER COURT :- CIVIL APPLICATION NO. 12874 OF 2024 1.

Applicants seek to condone the delay of 1718 days in setting aside abatement and in bringing the legal heirs of deceased respondent no.1 (original claimant)-Ramesh s/o Annarao Shelke on record. 2.

The cause of action survives against the legal heirs of the original claimant. The acquiring body should have file this appeal. It is desirable to condone the delay. First Appeal needs to be decided finally. 3.

Civil Application is allowed in terms of prayer clause "B" and "C". 4.

Civil Application is disposed of.

CIVIL APPLICATION NO. 12872 OF 2024 1.

Applicants seek to condone the delay of 1712 days in setting aside abatement and in bringing the legal heirs of deceased respondent no.4 on record.

2.

The cause of action survives against the legal heirs of respondent no.4. The acquiring body should have file this appeal. It is desirable to condone the delay. First Appeal needs to be decided finally.

( 5 ) 3.

Civil Application is allowed in terms of prayer clause "B" and "C". 4.

Civil Application is disposed of.

FIRST APPEALS 1.

Admit.

2.

Mr. Shrikant Sonkawade, learned counsel waives notice for the respondents/claimants.

3.

Call for Record and Proceeding. Print is dispensed with. CIVIL APPLICATION NO. 14550 OF 2023 CIVIL APPLICATION NO. 14558 OF 2023 CIVIL APPLICATION NO. 14548 OF 2023 CIVIL APPLICATION NO. 14560 OF 2023 CIVIL APPLICATION NO. 14556 OF 2023 CIVIL APPLICATION NO. 14554 OF 2023 CIVIL APPLICATION NO. 14552 OF 2023 CIVIL APPLICATION NO. 14562 OF 2023 1.

As the entire amount in all the appeals is deposited before the Reference Court with accrued interest, ad-interim relief granted earlier shall stand confirmed.

2.

Civil Applications are disposed of.

( SHAILESH P. BRAHME, J. ) PRW