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2005 Supreme(Bom) 318

F.I.REBELLO
HAFIX ISMAIL SHAIKH – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER, PANVEL – Respondent


( 1 ) RULE. Heard forthwith.

( 2 ) THE case of the petitioners is that they along with respondent No. 2 had filed a reference for enhancement of compensation in respect of the lands of the family which were acquired by the respondent No. 2. On account of the apprehension that the respondent No. 2 would appropriate the entire compensation they moved under Order 1, Rule 10 of the Civil Procedure Code to implead them in the land reference. That application has been rejected and consequently the present petition.

( 3 ) THE lands have been acquired for Twin City Project. On behalf of the petitioners it is contended that the petitioners admittedly are the heirs of the deceased land owner. In the revenue records unfortunately on the death of Shaikh mahammed Sileman Mestry in 1961 only the name of the respondent no. 2 came to be mentioned by the village authorities as Karta and Manager of joint family. The late Shaikh Mahammed Sileman Mestry had four sons of which respondent No. 2 was one. Though it is the case of the petitioners, who are the other sons or legal heirs of the sons that their name initially had came to be included in the revenue records pursuant to M. E. No. 3945. However, t

















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