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Bombay High CourtCA/1487/2023admittedallowedgrantedrule absolute

Ramesh Bharat Burle v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS

2023-06-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

924-CA-1487-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 1487 OF 2023 IN FIRST APPEAL NO. 3 OF 2019 RAMESH BHARAT BURLE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS ...

Mr. V.G. Kodale h/f. Mr. K.P. Rodge - Advocate for Applicant Mr. A.B. Chate - AGP for Respondent No.2 Mr. S.C. Arora - Advocate for Respondent No.1 Mr. S.N. Pahune - Patil - Advocate for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 30th June, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking permission to implead himself as respondent No.2 in the main appeal as well as pending civil applications. The learned Counsel for the applicant submits that, under the decree of Civil Court the applicant is also having share in the compensation for which he has already filed separate withdrawal application.

Pooja K.

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924-CA-1487-2023 3.

The learned Counsel for the respondent No.1 - acquiring body though submitted no objection for the impleadment of appellant in the appeal but pointed out that, the decree of Civil Court has not specified that, the applicant is having any right in the compensation in the instant matter. 4.

In view of the same, the application which is only to the extent of intervention stands allowed and the applicant is made party respondent No.2 in the appeal as well as pending Civil Applications.

5.

The acquiring body is directed to carry out the amendment within stipulated period.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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