SUMAN BHAUSAHEB BHINGARDIVE Vs. CHANDRABHAGABHAI BANSHI BHINGARDIVE

JUDGEMENT

(1.) By this petition, the petitioner challenges order rendered by the learned Joint Civil Judge (S.D.), Ahmednagar, on 18-7-2007, whereby her application for addition of herself as a party in Special Darkhast No. 99/2001 came to be rejected.

(2.) Heard learned counsel.

(3.) One Bansi and Raosaheb Bhingardive were original holders of the land in question which came to be acquired by the Respondent No. 4. The owners Bansi and Raosaheb were dissatisfied with the quantum determined by the Reference Court and, therefore, Reference under section 18 of the Land Acquisition Act was filed by them. In the Reference Petition, the learned Judge of the Civil Court was pleased to partly allowed the claim and enhanced the compensation. An award was rendered accordingly. In the meanwhile, Bansi died. His widow Chandrabhagabai came to be substituted as legal representative in his place. She and said Raosaheb together filed Darkhast proceedings before the learned Civil Judge (S.D.), Ahmednagar. In the course of hearing of the said Special Darkhast, the present petitioner filed an application for her substitution as legal representative of deceased Bansi Bhingardive. She asserted that her husband was minor when the Reference was filed and when D. H. No. 1 Chandrabhagabai came to be substituted as a legal representative of deceased Bansi Bhingardive. She asserted that she is one of the legal representative of deceased Bansi being his daughter-in-law. Therefore, she sought impleadment as one of the D.H. The Executing Court rejected her application.