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Bombay High CourtCA/1586/2024admittedallowedgrantedrule absolute

The President, Shriram Mandir Devestan Trust, Kasabe Tadwale (K), Osmanabad And ORS v. The Exe. Engineer, Minor Irrigation Div., Sinchan Bhavan, Osmanabad And ORS

2025-03-07Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1)

936. CA-2395-2025 odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 2395 OF 2025 IN FA/2468/2022 WITH CIVIL APPLICATION NO. 1009 OF 2023 IN FAST/31112/2019 WITH CIVIL APPLICATION NO. 2396 OF 2025 IN FA/2462/2022 WITH CIVIL APPLICATION NO. 9566 OF 2023 IN FA/2468/2022 WITH CIVIL APPLICATION NO. 9588 OF 2023 IN FA/2462/2022 WITH CIVIL APPLICATION NO. 1586 OF 2024 IN FAST/31112/2019 THE PRESIDENT SHRIRAM MANDIR DEVESTAN TRUST KASABE TADWALE (K) OSMANABAD.

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV., SINCHAN BHAVAN, OSMANABAD ...

Advocate for Applicant : Mr. K. B. Jadhav AGP for Respondent/State: Mr. Rajdeep D. Raut Advocate for Respondent No.1 : Mr. Vaibhav Dhage h/f R. B. Gaikwad ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : MARCH 07, 2025 ORDER:- IN CIVIL APPLICATION No. 1586 of 2024 1.

Heard rival submissions.

(2)

936. CA-2395-2025 odt 2.

The applicant i.e. the President of Shriram Mandir Devestan Trust, is seeking intervention in the present proceeding on the ground that he was the owner of the land under acquisition, and despite that, the said Shriram Mandir was not made party by the tenant in the Reference Court. 3. 3.

This Court, in other connected matters, under order dated 05.12.2024, has already directed the appellants to add the present applicant as party respondent.

4.

In view of the same, the application stands allowed in terms of prayer clause (B).

5.

The appellant/acquiring body i.e. present respondent No.1 is directed to carry out the amendment within stipulated period for adding the applicant/Trust as party respondent No.2.

6.

Stand over to 21.03.2025.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni