SMT.INDUBAI GOVINDA KAPADE DIED THROUGH LEGAL REPR. JAGANNATH AND ORS. v. THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANR.
CA/10157/2026 · 2026-09-04
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7505 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7505 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 945-ca-10156-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10156 OF 2026 IN FA/3809/2023 Smt. Indubai Govinda Kapade Died Through Legal Repr. Jagannath And Ors. VERSUS The Ex. Engineer, Minor Irrigation Division Jalgaon And Anr. ... Mr. A. H. Koralkar, Advocate for Applicants Mr. K. B. Jadhavar, AGP for Respondent-State Mr. A. D. Pawar, Advocate for Respondent no.1 ... WITH CIVIL APPLICATION NO. 10157 OF 2026 IN FA/3809/2023 …..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026 P.C. :- CIVIL APPLICATION NO. 10156 OF 2026 . It is submitted that during pendency of the First Appeal, claimant-Indubai Govinda Kapade died on 10.06.2026 and hence, this Civil Application is filed by the legal representatives of deceased Indubai. It is stated that the cause to defend the First Appeal survives in the present applicants. Hence, a prayer is made to allow the application and to direct the appellant to amend the title clause of the First Appeal and the applications therein. 2026:BHC-AUG:41276
2 945-ca-10156-2026
2. Mr. A. D. Pawar, learned Advocate for the Acquiring Body has no objection to allow such application.
3. In view of the above, I pass following order:
ORDER a. Civil Application stands allowed. b. The appellant is directed to amend the title clause of the First Appeal and the applications therein by incorporating the names of present applicant nos.1A to 1D as legal representatives of deceased Indubai Kapade. c. Let such amendment be carried out forthwith. d. Abatement if any, is quashed and set aside. e. Civil Application stands disposed of.
CIVIL APPLICATION NO. 10157 OF 2026 . This application is filed by the claimants seeking withdrawal of the amount deposited by the Acquiring Body in this Court.
2. Learned Advocate for the applicants-claimants submits that the applicants are the land losers whose land has been acquired under the compulsory acquisition. It is further submitted that the applicants are in need of compensation amount for their livelihood, education of their children and medical expenses. Learned Advocate for the Applicants also
3 945-ca-10156-2026 places reliance on the order passed by this Court in Civil Application No.8458 of 2026 in First Appeal No.2886 of 2026 dated 04.08.2026 whereby the the applicants therein were permitted to withdraw the amount deposited by the Acquiring Body before this Court. In view of the same, he prays that the applicants be permitted to withdraw the amount deposited by the Acquiring Body.
3. Learned Advocate for the Acquiring Body prays to pass the appropriate order.
4. For the reasons stated in the application, I pass following order:
ORDER a. Civil Application stands allowed. b. The applicants are permitted to withdraw the balance amount alongwith interest accrued thereon deposited by the Acquiring Body in this Court upon furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. c. Civil Application stands disposed of.
( AJIT B. KADETHANKAR, J. ) Rushikesh/2026