Allowed

Shri. Mahadu Rakhmaji Undre and Ors. v. Green Lands Partnership Firm Thr. Partnership Anant G. Desai(Thr.Lrs) Shobha S. Hejmadi and Ors.

Bombay HC29 Oct 2021IA/1258/2021

Case brief

AI extract

What is this about?

Single judge order allowing an interim application to implead Respondents 9 and 10 (State Authorities) as necessary parties in an O.A. No. 1 of 2021 appearing in Second Appeal No. 174 of 2020, in view of acquisition proceedings, upon no objection from parties. Liberty granted to file a separate application for other prayers.

What did the court decide?

Impleadment of Respondents 9 and 10 allowed pending three weeks; liberty granted to file separate application for prayer clauses (c) and (d).

Shri. Mahadu Rakhmaji Undre and Ors. Vs Green… — Civil Procedure and Limitation | Bombay HC (2021)

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Tandale

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 22-IA-1258-2021 in SA-174-2020.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1258 OF 2021 IN

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SECOND APPEAL NO.174 OF 2020

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Shri. Mahadu Rakhmaji Undre and Ors.… Applicants.
In the matter between :-
Shri. Mahadu Rakhmaji Undre and Ors.… Appellants.
V/s.
Green Fields Partnership Firm Pune
Through Partners Anant Gururao Desai
(Since deceased through Lrs.)
a) Shobha Santosh Hejmadi and Ors.… Respondents.

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Mr. Balasaheb G. Ligade, Advocate for Applicants.
Mr. S. S. Aradhye, Advocate for Respondent Nos.1B, 2 to 5.
Mr. Y. Y. Dabke, A.G.P. for Respondent No.9-State.

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CORAM : A.S. GADKARI, J.
DATE : 29th October, 2021.

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P.C. :

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1.This is an Application for impleading Respondent Nos.9 and 10 as

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a necessary party in the present Appeal.

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2. Learned counsel appearing for the Applicants/Appellants

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submitted that, during the pendency of the present Appeal, the proposed
Respondent Nos.9 and 10 are in process of acquisition of suit property and

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releasing the compensation in favour of Respondent Nos.1 to 8 and therefore

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proposed Respondent Nos.9 and 10 are necessary party to the present Appeal.

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1/2

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 22-IA-1258-2021 in SA-174-2020.odt

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Tandale

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3. Learned counsel for the respective parties have no serious objection in allowing the present Application.

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4. In view thereof and for the reasons stated in the Application, Application is allowed in terms of prayer clause (b).

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Necessary amendment in Second Appeal and pending Application
if any, be carried out within a period of three weeks from today.

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5. As far as prayer Clauses (c) and (d) are concerned, the Applicants

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/Appellants are granted liberty to file a separate Application in that behalf.

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6. Application is allowed in the aforesaid terms.

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[A.S. GADKARI, J.]

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Digitally signed by MANOJ R MANOJ RTANDALE TANDALEDate:2021.11.01 17:47:19 +0530

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Shri. Mahadu Rakhmaji Undre and Ors. v. Green Lands Partnership Firm Thr. Partnership Anant G. Desai(Thr.Lrs) Shobha S. Hejmadi and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Mahadu Rakhmaji Undre and Ors. v. Green Lands Partnership Firm Thr. Partnership Anant G. Desai(Thr.Lrs) Shobha S. Hejmadi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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