Laxmi Gangaram Nhivekar Nee Kamal Ramchandra Jadhav And ORS. v. The State Of Maharashtra Thr.Special Land Acquisition Officer, Sindhudurga
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1857 OF 2022 WITH FIRST APPEAL NO. 400 OF 2011 Laxmi Gangaram Nhivekar Nee Kamal Ramchandra Jadhav and Ors.
...
Appellants/Applicants V/s.
State of Maharashtra through Special Land Acquisition Officer, Sindhudurga ...
Respondent ------------------- VARSHA DEEPAK GAIKWAD Mr. Shivaji Nirmale, for the applicants.
VARSHA DEEPAK GAIKWAD Date: 2024.04.17 18:52:44 +0530 Mr. Rushikesh G. Bhagat i/by Khandeparkar & Associates for respondent nos. 2, 3,4 and 6.
Mr. Vinay Karodia i/by Mr. Rajiv Jadhav, for respondent no. 5A to 5F. Mr. A.R. Patil, AGP, for the State.
--------------------- CORAM : KISHORE C. SANT, J.
DATE : 16TH APRIL 2024.
PC:
1.
Heard the learned advocate for the applicant, learned advocate for the respondents and learned APP for the State. 2.
This application is moved seeking liberty to withdraw the amount deposited by the State, acquiring body in the reference Court under LAR No. 5 of 1999 passed by learned Judge, Sindhudurg, Oros 910-ia-1857-2022.doc varsha
dated 26/09/2008. Private respondent have no objection to allow the prayer in Civil Application. Learned AGP objects to withdraw the amount and states that if the amount is withdrawn it would be difficult to recover the same in case the appeal is allowed. This Court finds that application can be allowed by imposing some conditions. Hence the following order:
ORDER
(i) The applicants are entitled to receive 50% of the total amount deposited on furnishing undertaking to the Executing Court that in any case the appeal is allowed, the amount will be redeposited along with the interest within 12 weeks from the date of judgment.
(ii) 50% of the amount shall be withdrawn on furnishing security to the satisfaction of the reference Court.
3.
With this, the application stands disposed of. (KISHORE C. SANT, J) 910-ia-1857-2022.doc varsha