R.Kumar S/O Ramaswamy And ANR v. Dhrupat Savleram Mate And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13605 OF 2021 IN FA/3157/2021 R.KUMAR S/O RAMASWAMY AND ANOTHER

VERSUS

DHRUPAT SAVLERAM MATE AND OTHERS Ms.S.A.Kale, Advocate for the applicants.

Mr.S.G.Sangle, AGP for State.

Mr.D.M.Pingale h/f Mr.Abhijit B.Kale, Advocate for respondent No.1. ( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ) DATE : DECEMBER 16, 2021 PER COURT :

1.

The learned Advocate for the applicants draws our attention to the pleadings set out in the application and the prayer clause in which it is prayed that the applicants desire to intervene in the pending first appeal.

2.

The learned Advocate for the petitioner submits on instructions that the petitioner has no objection if the applicants are permitted to be added as co-appellants.

khs/Dec. 2021/13605

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The learned AGP points out that the applicants are the purchasers of some part of the land under acquisition. The appellant is the original owner of the land who sold a part thereof on 31/07/2007 to the applicants. However, though the possession of the land was turned over to the applicants in the light of the sale deed, necessary mutation entries were not carried out and, therefore, in the acquisition proceeding initiated in 2010, the proceedings were conducted keeping in view the appellant as being the owner of the land. 4.

In view of the above, this application is allowed. The appellant shall add the applicants as co-appellants, on or before 07/01/2022. 5.

List the first appeal for admission hearing on 17/01/2022. ( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. ) khs/Dec. 2021/13605