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Bombay High CourtCA/1177/2020disposed off

Babarao Munjaji Dhore (Died) Thr Lrs Shankar And ORS v. Godavari Marathwada Irrigation Development Corporation Through Its Ex Eng. Parbhani And ORS

2021-07-09Hon'Ble Shri Justice R. G. Avachat2 pages

18-CAs.1177 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1177 OF 2020 IN FA/3481/2008 WITH X-OBJ(ST)/29408/20 IN FA/3481/2008 BABARAO MUNJAJI DHORE (DIED), THROUGH LRS SHANKAR AND ORS.

VERSUS

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, THROUGH ITS EXECUTIVE ENGINEER, PARBHANI AND ORS AND CIVIL APPLICATION NO.1351 OF 2020 IN FA/3575/2008 WITH X-OBJ(ST)/29413/20 IN FA/3575/2008 ANAND BAPURAO DHORE (DIED), THROUGH LRS LAXMIBAI AND ORS.

VERSUS

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, THROUGH ITS EXECUTIVE ENGINEER, PARBHANI AND ORS. AND CIVIL APPLICATION NO.3193 OF 2021 IN FA/3484/2008 WITH CA/8551/2016 IN X-OBJST/17832/2016 RAMJI KONDJI SUKE (DIED), THROUGH LRS UTTAMRAO AND ORS.

VERSUS

G.M.I.D.C., THROUGH ITS EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, PARBHANI AND ORS.

---- Mr.S.B.Ghatol-Patil, Advocate for applicants Mr.S.G.Sangle, Advocate for respondent nos.1 and 2 Mr.A.M.Phule, AGP for respondent nos.3 and 4 ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 09, 2021

18-CAs.1177 and ors ORDER :- Heard Mr.S.B.Ghatol-Patil, learned counsel for the applicants; Mr.S.G.Sangle, learned counsel for respondent nos.1 and 2; and Mr.A.M.Phule, learned AGP for respondent nos.3 and 4.

2.

The appeals have already been settled in the Lok Adalat. The appellant/acquiring body has withdrawn the appeals since the amount enhanced by the reference Court is not more than four times of the amount awarded by the S.L.A.O. There are, however, cross-objections preferred by the original claimants. They will have to be continued. 3.

Present applications have been moved by the legal representatives of the original claimants to come on record in place of the deceased claimants.

4.

For the reasons given in the applications, the same are allowed in terms of prayer clause (B).

[R.G. AVACHAT, J.] KBP