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Bombay High CourtCAF/900/2016allowed

Sau. Shubhada Narsinhrao Deshmukh Maiden Name Shubhada Laxma Desai v. The State Of Maharashtra Through The Special Land Acquisition Officer And ANR.

2016-04-01Hon'Ble Smt. Justice R.P. Sondurbaldota2 pages

Rane * 1/2 * CAF-900-2016.doc (sr. no.15) Friday,1.4.2016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 900 OF 2016 IN FIRST APPEAL NO. 1299 OF 2014 Sau. Shubhada Narsinhrao Deshmukh Maiden name Shubhada Laxman Desai .....Applicant (Intervenor)

IN THE MATTER BETWEEN :-

1. The State of Maharashtra (Through the Special Land Acquisition Officer), Building & Communication Project, Sindhudurg ........Appellants (Orig. Referees) V/s.

1. Shri. Laxman Vithoba Desai (dead) (deceased through legal heirs Orig. Claimant Nos. 2 to 5) and Ors.

.......Respondents (Orig. Claimants) * * * * * * Mr. Umesh R. Mankapure, Advocate for the applicants. Mr. A.R. Patil, AGP for the State.

Coram :- Coram :- Smt. R.P. SondurBaldota, J.

Smt. R.P. SondurBaldota, J.

1st st April, 2016.

April, 2016.

P.C. :- P.C. :- 1).

This Civil Application by the applicant is for impleading herself as party respondent to the First Appeal preferred by the State of

Rane * 2/2 * CAF-900-2016.doc (sr. no.15) Friday,1.4.2016 Maharashtra. The Civil Application has been served upon the appellants and the respondents. Mr. Patil, appearing for the appellants submits to the orders of the Court. Respondents no.2 to 5 are not present despite service.

2).

Mr. Mankapure, learned Advocate appearing for the applicant states that, father of the applicant and the respondents had filed the reference for enhancement of the compensation for acquisition of the land. He died pending the reference. After the death, when respondents no.2 to 5, brought themselves on record as the heirs, they deliberately omitted the applicant who is their sister. After the applicant learnt about the reference and the present appeal, she filed the present application for impleading herself as a party respondent to the appeal preferred by the State.

3).

Heard the advocates. Copy of the other proceedings filed by the respondents for partition shows that the applicant is the sister of the respondents. Hence, the Civil Application is allowed in terms of prayer clause (b). Amendments to be carried out within one week from today. (SMT. R.P. SONDURBALDOTA, J) (SMT. R.P. SONDURBALDOTA, J)