Executive Engineer v. Shri. Nana Somnath Bendkoli And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 298 OF 2017 FIRST APPEAL (STAMP) NO. 28280 OF 2016 The Executive Engineer Lahanu T. Khotre Deceased through LRs.

Shri Savliram Sitaram Khotre and ors.

CIVIL APPLICATION NO. 310 OF 2017 FIRST APPEAL (STAMP) NO. 28239 OF 2016 The Executive Engineer Genu G. Bendkoli and ors.

CIVIL APPLICATION NO. 314 OF 2017 FIRST APPEAL (STAMP) NO. 24171 OF 2016 The Executive Engineer Shivram M. Bendkoli and ors.

CIVIL APPLICATION NO. 320 OF 2017 FIRST APPEAL (STAMP) NO. 24181 OF 2016 The Executive Engineer, 1/5

Balu N. Bendkli and ors.

CIVIL APPLICATION NO. 322 OF 2017 FIRST APPEAL (STAMP) NO. 24163 OF 2016 The Executive Engineer, Madhayam Project Department Soma Pandu Mondhe (deceased) through Lrs. Shri. Kondiram Soma Mondhe and ors.

CIVIL APPLICATION NO. 324 OF 2017 FIRST APPEAL (STAMP) NO. 28236 OF 2016 The Executive Engineer, Madhayam Project Department Bhika D. Gaikawad and ors.

CIVIL APPLICATION NO. 332 OF 2017 FIRST APPEAL (STAMP) NO. 26703 OF 2016 The Executive Engineer, Mukunda Soma Pimpalke and anr.

CIVIL APPLICATION NO. 336 OF 2017 FIRST APPEAL (STAMP) NO. 28215 OF 2016 The Executive Engineer, Madhyam Project Department, Hiraman Y. Khade and ors.

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CIVIL APPLICATION NO. 1472 OF 2017 FIRST APPEAL (STAMP) NO. 29052 OF 2016 The Executive Engineer Madham (Central) Project Department Nashik Gopal Soma Bendkoli deceased through Lrs.Shri. Budha Gopal Bendkoli and ors.

CIVIL APPLICATION NO. 1712 OF 2017 FIRST APPEAL (STAMP) NO. 28274 OF 2016 The Executive Engineer Madhyam Project Department, Bhika S. Mondhe and ors.

CIVIL APPLICATION NO. 1717 OF 2017 FIRST APPEAL (STAMP) NO. 4192 OF 2017 The Executive Engineer Nana S. Bendkoli and ors.

CIVIL APPLICATION NO. 2546 OF 2017 FIRST APPEAL (STAMP) NO. 4200 OF 2017 The Executive Engineer Madham (Central) Project Department, Nashik Maniram K. Bendkoli and ors.

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Ms Chaitrali Deshmukh for Appellant.

Mr. A.A. Palkar, AGP - AGP for the State.

Mr. P. J. Ahuja for Respondents - Claimants.

CORAM : M. S. SONAK, J.

(HEAD OF THE PANEL) : C.D. GONGLE, RETIRED DISTRICT JUDGE, MEMBER & :

M.S. GUPTA, REGISTRAR (INSP.II.) MEMBER DATE : 9th SEPTEMBER, 2017.

P.C. :- 1] In these matters, the appellants have taken out the civil applications for condonation of delay. Since, they are not objected to, by consent, the delay is condoned. The civil applications are disposed of.

2] Ms Deshmukh, learned counsel for the appellant-applicant (Acquiring Body), the appellants herein, on basis of instructions, makes a statement that the appellants wish to withdraw the appeals and honour the awards made by the Reference Court. 3] Mr. Ahuja for the respondents - claimants confirms that none of the respondents - claimants have filed any cross appeals or cross objections in this matter and further, that they do not intend to do so in future.

4] Mr. Palkar, learned AGP for the State submits that he can have no objection to the withdrawal of the appeals by the Acquiring Body - Appellants.

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5] The Reference Court is however directed to verify the identity of the claimants / their representatives at the stage of execution / permitting withdrawal of compensation, should such occasion arise. Necessary endorsement to be made in this regard at the stage of execution / permitting withdrawals. 6] The appellants shall be entitled to refund of court fees in terms of Rules in this regard.

7] In view of the aforesaid, these appeals are also disposed of. Necessary Awards to be drawn up in these matters. 8] Since the appeals are now disposed of, the pending civil applications, if any, do not survive and the same are also disposed of. (M.S. SONAK,J.) HEAD OF THE PANEL (C.D. GONGLE) MEMBER (M.S. GUPTA) MEMBER 5/5