Smt. Kokilabai Tukaram Dehanikar ... vs The Executive Engineer, ...
2021 Latest Caselaw 16709 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                     CIVIL APPLICATION (CAF) NO. 2355 OF 2021
                                        IN
                           FIRST APPEAL NO. 1015 OF 2014
 (Smt. Kokilabai Tukaram Dehanikar & Anr. V/s The Executive Engineer Bembla Project Division,
                                      Yavatmal & Ors.)


Office   Notes,    Office                       Court's or Judge's orders
Memoranda of Coram,
Appearances,      court's
orders or directions and
Prothonotary's orders


                                  Mr. S. U. Nemade, Advocate for Appellants.
                                  Mr. P. B. Patil, Advocate for Respondent No.1.
                                  Ms. T. H. Udeshi, AGP for Respondent Nos.2 & 3.
                                                     ------

                                  CORAM         : V. M. DESHPANDE, J.
                                  DATE          : DECEMBER 2, 2021.

                .             This is an Application moved by the Appellants for
                deleting the name of the Appellant No.1 - Smt. Kokilabai
                Tukaram Dehanikar.


                2.            Heard Mr. Nemade, the learned Counsel for                   the
                Appellants, Mr. Patil, the learned Counsel for the Respondent
                No.1 and Ms. Udeshi, the learned AGP for the Respondent Nos.
                2 and 3.


                3.            Smt. Kokilabai Dehanikar along with her son
                Shreeram Tukaram Dehanikar approached to this Court
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      challenging the Judgment and Award dated 25/3/2014 passed
      by the learned Reference Court in Land Acquisition Case No.
      329/2006. The Appeal is already admitted.


      4.          During the pendency of the Appeal, Appellant No.1
      -    Smt. Kokilabai Tukaram Dehanikar passed away on
      25/12/2020, as it could be seen from the photo copy of the
      death certificate annexed along with this Application.


      5.          Mr. Nemade, the learned Counsel for the Appellants
      submitted that prior to her death, Appellant No.1 - Smt.
      Kokilabai Dehanikar executed her last Will bequeathing her
      right and share in the name of the Appellant No.2 - Shreeram
      Dehanikar. In that view of the matter, it is the submission of the
      learned Counsel for the Appellants that the name of Appellant
      No.1 - Smt. Kokilabai Dehanikar be deleted and the Appellant
      No.2 - Shreeram Dehanikar be allowed to prosecute and carry
      out this Appeal further.


      6.          Mr. Patil, the learned Counsel for the Respondent
      No.1, obviously, has no objection for deletion.


      7.          Consequently, I pass the following order.
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                                                           ORDER

(i) Civil Application is allowed.

(ii) Name of the Appellant No.1 - Smt. Kokilabai Tukaram Dehanikar be deleted from the array of the Appellants at the risk of the Appellant No.2 - Shreeram Tukaram Dehanikar.

(iii) The Appellant No.2 - Shreeram Tukaram Dehanikar is permitted to prosecute this Appeal further.

(iv) The learned Counsel for the Appellants to carry out the amendment in cause title of the Appeal within a period of two weeks from today.

8. Civil Application is disposed of accordingly.

(V. M. DESHPANDE, J.)

Yadav VG

Digitally Signed ByVIJAYA GOURISHANKAR YADAV Signing Date:03.12.2021 12:07