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2025 DAILYLAW 4489 (BOM)

GUNDAJI NIVRUTI MANE DIED THROUGH HIS LRS SHUBHADRABAI W/O GUNDAJI MANE AND ANOTHER v. GODAVARI KHORE MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER

CA/13939/2025 · 2026-09-01

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Judgment text

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( 1 ) 938-CA-13939-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 13939 OF 2025 IN FIRST APPEAL NO.762 OF 2020 Gundaji Nivruti Mane Died Through His Lrs Shubhadrabai W-o Gundaji Mane And Another VERSUS Godavari Khore Marathwada Irrigation Development Corporation And Another ….. Mr. Gitte Mukund D., Advocate for Applicant. Mr. A. V. Lavte, AGP for Respondent – State. ….. CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 1, 2026. PC :- 1. The First Appeal No.762 of 2020 was settled in the National Lok Adalat dated 13 July 2019, wherein, at paragraph No.6 of the order, the Panel of the Lok Adalat observed thus: “6. The respondents original claimants are at liberty to file an application for bringing the legal heirs/representatives on record, if occasion fo arises, even after disposal of the appeal/s. The amount, if paid in excess, the same shall be refunded to the acquiring body.” Kiran Kawre ( 2 ) 938-CA-13939-2025 2. In view thereof, the present Civil Application is filed, praying for incorporation of the names of the present applicants in the capacity of legal representatives of deceased Gundaji Nivruti Mane in First Appeal No.762 of 2020. 3. A further prayer is made to allow the applicants to withdraw the amounts deposited by the acquiring body in this Court. 4. This Court sought a report from the Legal Services Sub-Committee, Aurangabad, as to what procedure has to be adopted or what is the practice in an identical scenario. The report is received under letter dated 21 August 2026. Considering the report and particularly in the light of the liberty already granted by the Lok Adalat Panal, I deem it appropriate to allow the Civil Application. 5. The appellant shall amend the title clause of the appeal by incorporating the names of Applicant Nos.1 and 2 as legal representatives of deceased Gundaji Nivruti Mane. 6. After the amendment is carried out, the applicants shall be entitled to withdraw the amount deposited by the acquiring body in this Court, upon satisfying the learned Registry Judicial as to compliance with the amendment Kiran Kawre ( 3 ) 938-CA-13939-2025 and the identity of the applicants. 7. Necessary undertaking shall also be submitted to the satisfaction of the learned Judicial Registrar. The undertaking shall be to the effect that, in the event any dispute arises as regards the legal representatives, the applicants shall abide by the decision in that regard. [AJIT B. KADETHANKAR, J.] Kiran Kawre