The Executive Engineer Minor ... vs Parappa Gurusidda Maigur And Ors
2022 Latest Caselaw 4736 Bom

                                                  19-IA-3032-2022.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                INTERIM APPLICATION NO.3032 OF 2022
                                  IN
                  FIRST APPEAL (ST) NO.9816 OF 2015

The Executive Engineer,
Minor Irrigation Division,
Sangli, Dist: Sangli                                           ...Applicant
      Vs
1 Parappa G. Maigur & Ors.                                     ...Respondents
                                       ...

Mr. Y.G.Thorat i/by D.D.Shinde for the Appellant/Applicant. Mr. Tejpal Ingale for R.Nos.1A to 1E.

Mrs. Pallavi Dabholkar, AGP for State-Respondent.

CORAM : SANDEEP K. SHINDE J.

DATE : MAY 4, 2022.

P.C. :

INTERIM APPLICATION NO.3032 OF 2022

Leave to amend. Amendment to be carried out forthwith.

2 Feeling aggrieved by the judgment and award passed in

Land Acquisition Reference No.85 of 2008 by the Second Joint Civil

Judge, Senior Division, Sangli, Executive Engineer, Minor Irrigation

Division, Sangli District, Sangli has preferred this First Appeal.

Pending Appeal, Respondent No.1-Sole Claimant passed away on 12 th

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April, 2016.

3 This application seeks to bring legal representatives of

deceased respondent no.1 on record details of which are, set out in

Schedule appended to the Civil Application.

4 Heard learned counsel for the Parties.

5 In view of the reasons set out in the application, delay

caused in bringing legal representatives of the deceased respondent is

condoned. As a result, the order abating the appeal against the

respondent no.1 is set aside. Application is allowed and made

absolute in terms of prayer clauses (a), (b) and (c).

6               Application is disposed of.




7               Pending appeal, parties have settled the disputes and

recorded the 'Consent Terms' on 4th May, 2022. Legal representatives

of the deceased respondent no.1 have executed the Consent Terms

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before Notary at District: Sangli. Consent Terms are taken on record

and marked 'X-1' for Identification. Mr. Tejpal Ingle, learned

advocate appears on behalf of the legal representatives of the

deceased respondent. He has filed his vakalatnama on their behalf.

Mr. Shrishail Parapa Maigur Parmar, Respondent No.1(d) is present in

the Court. He is Constituted Attorney of Respondent Nos.1(a) to 1(c)

and 1(e) to 1(g). Signatures of respondent nos.1(a) to 1(g) are

identified by their advocates. Adhar Card of the Constituted Attorney

is taken on record. He admits the contents of the Consent Terms. In

consideration of the facts of the case, appeal is disposed of in terms

of the Consent Terms dated 4th May, 2022. As such, the award dated

2nd September, 2014 passed in Land Acquisition Reference No.85 of

2008 passed by the Second Joint Civil Judge, Senior Division, Sangli

stands modified.

8 Appeal is disposed of including all the applications

therein.

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                                                 19-IA-3032-2022.odt




9               Appellant shall claim refund of Court-fees as per Rules.


                                              (SANDEEP K. SHINDE, J.)




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