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Bombay High CourtCA/12704/2024admittedallowedgrantedrule absolute

Sidramappa Revanappa Mengshetty Died Thr Lrs Hirabai Died Thr Lrs Varsha And ORS v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

2024-12-02Hon'Ble Shri Justice Kishore C. Sant3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO. 12701 OF 2024 IN FA/1087/2022 Guruling Bhujanga @ Bhujangappa Sherikar And Ors

VERSUS

The State Of Maharashtra, Through The Collector, Osmanabad And Ors WITH FIRST APPEAL NO. 1088 OF 2022 M.k.v.d.c. Ltd., Thr Ex. Engineer, Irri. Project Stren. Div. Omerga

VERSUS

Bhimashappa Hiranappa Mule (dead) Thr Lrs Suresh Died Thr Lrs Shashikala And Ors WITH FIRST APPEAL NO. 1089 OF 2022 M.k.v.d.c. Ltd., Thr Ex. Engineer, Irri. Project Stren. Div. Omerga

VERSUS

Dattatrya Basawanappa Barule Died Thr Lrs Sindhubai And Ors WITH CIVIL APPLICATION NO. 11150 OF 2024 IN FA/1090/2022 Gahininath Bhimrao Jomade (dead) Thr Lrs Shantabai And Ors

VERSUS

The State Of Maharashtra, Through The Collector, Osmanabad And Ors WITH CIVIL APPLICATION NO. 12703 OF 2024 IN FA/1091/2022 Shivkant Revanappa Mengshetty (dead) Thr Lrs Saroja And Ors

VERSUS

The State Of Maharashtra, Through The Collector, Osmanabad And Ors WITH CIVIL APPLICATION NO. 12702 OF 2024 IN FA/1086/2022

( 2 ) Vithal Bhimrao Jomade (dead) Thr Lrs Kasturbai And Ors

VERSUS

The State Of Maharashtra, Through The Collector, Osmanabad And Ors WITH CIVIL APPLICATION NO. 12704 OF 2024 IN FA/1085/2022 Sidramappa Revanappa Mengshetty Died Thr Lrs Hirabai Died Thr Lrs Varsha And Ors

VERSUS

The State Of Maharashtra, Through The Collector, Osmanabad And Ors Mr. Arjun R. Lukhe h/f Mr. A. S. Shelke for appellant. Mr. Laxmikant C. Patil for Applicant in CA/12701/2024. Mr.D. J. Patil AGP for Respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 2nd DECEMBER 2024 PC :- .

Heard the learned Counsel for the parties.

CIVIL APPLICATION NO.12704 OF 2024 1.

This application is filed for bringing on record the heirs of deceased Sidramappa s/o Revanappa Mengshetty, who died on 29th April 2021. The certificate issued by Sarpanch is annexed to the application showing that there are total six legal heirs. However, his wife Hirabai S. Mengshetty and one sone Dayanand S. Mengshetty expired before his death. The present applicant Nos. 3 to 6 thus only heirs of the deceased.

2.

In view of the same, application stands allowed by condoning the delay

( 3 ) of 905 days for filing appeal.

3.

Necessary amendment be carried out in the title causes of the appeal and applications.

CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT 1.

These applications are for withdrawal of the amount. This Court has already passed an order in similar maters dated 17th October 2024 arising out of same acquisition proceedings in Civil Application No. 11145 of 2024 in First Appeal No.1088 of 2022.

2.

In view of the same, following order:

ORDER

(i).

The applicants are permitted to withdraw entire amount deposited by the acquiring body in the office of this Court alongwith accrued interest on furnishing usual undertaking.

(ii) All civil applications for withdrawal of amount stand allowed and disposed off.

[KISHORE C. SANT, J.] Ethape