Smt. Bharti Wd/O Bharat Bajoria and Another vs Prashant Bhagwandasji Bajoria and Others — Bombay HC (2025) — LawSathi Research

Smt. Bharti Wd/O Bharat Bajoria and Another vs Prashant Bhagwandasji Bajoria and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory order: the Court found no prejudice in adding the National Highway Authorities as party defendant Nos.11 and 12 by amendment of the plaint; Petitioners' counsel sought permission to place a fresh proposed amendment on record so as to avoid unnecessary pleadings; the matter was listed for 25.04.2025, high on board.

Issue for consideration

Whether the Petition has become infructuous as the relief claimed is against the Revenue Authorities, in light of the earlier permission granted to Respondent No.1 to withdraw 50% of the amount deposited by the Railway Authorities. +1 more

Court's answer

In view of the judgment dated 20.01.2025 in Civil Application (CAF) No.1927/2024 in First Appeal (St.) No.8383/2024, whereby Respondent No.1 was permitted to withdraw 50% of the amount deposited by the Railway Authorities, the issue about compensation or impleadment of the Railway Authority does not survive.

Ratio / Principle

After going through the amendment application, the Court opined that there will be no prejudice in addition of pleadings, i.e., in adding the National Highway Authorities as party defendant Nos.11 and 12.

Detailed headnote1 paragraphs

Order dated 24.04.2025 in Writ Petition No.4576 of 2024 (Bombay High Court, Nagpur Bench; Smt. M.S. Jawalkar, J.) arising from a land-acquisition compensation claim. The Court recorded that, in view of its earlier judgment dated 20.01.2025 in Civil Application (CAF) No.1927/2024 in First Appeal (St.) No.8383/2024 — allowing Respondent No.1 to withdraw 50% of the amount deposited by the Railway Authorities per para 11 — the issue of compensation or impleadment of the Railway Authority does not survive. On the application to amend the plaint by adding the National Highway Authorities as party defendant Nos.11 and 12 (some land having been acquired by them), the Court held there would be no prejudice in addition of pleadings. Petitioners' counsel sought to place a fresh proposed amendment on record; the matter was listed for 25.04.2025, high on board.

1 920-WP No.4576.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY 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 : 24th APRIL, 2025

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

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.

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.

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

List the matter on 25.04.2025 , high on board.

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