Smt. Bharti Wd/O Bharat Bajoria And Another v. Prashant Bhagwandasji Bajoria And Others

1 920-WP No.4576.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4576 OF 2024 Smt. Bharti wd/o. Bharat Bajoria and another ..VS..

Prashant Bhagwandasji Bajoria and others ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Sukrut S. Sohoni, Advocate for Petitioners. Mr. A. B. Patil, Advocate with Mr. A. B. Nakshane, Advocate for Respondent Nos.5 and 6.

Mr. M. I. Dhatrak, Advocate for Respondent Nos.7 to 11. CORAM : SMT. M.S. JAWALKAR, J.

DATED : 24 th APRIL, 1.

Heard learned Counsel for the Petitioners and learned Counsel for the Respondents.

2.

It is contended by the learned Counsel for the Respondents that the Petition has become infructuous as relief claimed is against the Revenue Authorities. However, in view of judgment passed in Civil Application (CAF) No.1927/2024 in First Appeal (St.) No.8383/2024, this Court already allowed the application filed by Respondent No.1 for withdrawal of amount by permitting 50% of deposited amount by the Railway Authorities, as per direction given in para 11 of the said judgment dated 20.01.2025. As such, issue about

2 920-WP No.4576.2024 compensation or impleadment of Railway Authority does not survive.

3.

It is also a matter of record that some land was acquired by the National Highway Authorities, in view thereof, the Petitioners in the claim seeks permission to amend the plaint by adding the National Highway Authorities as party defendant Nos.11 and 12. After going through the application, in my opinion, there will be no prejudice in addition of pleadings.

4.

At this juncture, learned Counsel for the Petitioners seeks permission to place on record a fresh proposed amendment so as to avoid unnecessary pleadings.

5.

List the matter on 25.04.2025, high on board. 6.

Steno copy of order be supplied to the learned Counsel for the parties.

(SMT. M.S. JAWALKAR, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 24/04/2025 17:36:14