Sukhdev S. Tarvare(Deceased) Thr.Lrs.Bhagubai S. Tarvare(Deceased) Thr.Uttam Tarvare And ORS. v. The State Of Maharashtra Thr. The Special Land Acquisition Officer And ANR.

32-ia-1564-2021-fa-1717-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1567 OF 2021 IN FIRST APPEAL NO. 1717 OF 2019 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2021.10.06 18:55:56 +0530 SHRADDHA KAMLESH TALEKAR Sukhdev Sawaliram Tarvare since deceased through his legal heirs 1] Smt. Bhagubai Sawaliram Tarvare & Ors.

... Applicants In the matter of :

1. The State of Maharashtra & Anr.

.. Appellants Vs.

Sukhdev Sawaliram Tarvare since deceased through his legal heirs 1] Smt. Bhagubai Sawaliram Tarvare & Ors.

... Respondents WITH CIVIL APPLICATION NO. 1988 OF 2018 IN FIRST APPEAL NO. 1717 OF 2019 .....

Mr.Sachin Gite for applicants.

Mr. A.R. Patil, G.P. for appellants and for respondents in IA. .....

CORAM

:

N.J. JAMADAR, J.

DATE :

4th October, 2021 PER COURT :

INTERIM APPLICATION NO. 1567 OF 2021 1.

Heard Mr. Gite, the learned counsel for the applicants and Mr. Patil, the learned GP for the State.

2.

This application is preferred seeking permission to withdraw the amount of compensation deposited by the

32-ia-1564-2021-fa-1717-2019.doc respondents/appellants pursuant to the judgment and award, dated 27th March 2014, in Land Reference No. 364 of 2008 passed by the learned 3rd Joint Civil Judge, Senior Division, Nashik. 3.

For the reasons ascribed in the application, the applicants are permitted to withdraw 50% of the amount deposited by the respondents/appellants along with interest accrued thereon, subject to an undertaking to be furnished before the Reference Court, that in the event the appeal is allowed and it is held that the applicants are not entitled to compensation, the applicants will bring back the amount.

4.

The application accordingly stands disposed of. Shraddha Talekar, PS ( N.J. JAMADAR, J. )