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Bombay High CourtCAF/3757/2016disposed off

Mr. Dharma Nagu Koli Deceased Thr. Lrs. Tukaram Dharma Koli And ORS. v. The State Of Maharashtra Through The Special Land Acquisition Officer)

2016-12-02Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

922.caf.3757.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3757 OF 2016 IN FIRST APPEAL NO.815 OF 2014 Dharma N. Koli and Others ..Applicants (orig.claimants)

IN THE MATTER BETWEEN

The State of Maharashtra ..Appellant (orig.opponent) Vs Dharma Nagu Koli and Others ..Respondents (orig. claimants) Mr. Sachin S. Punde, for the Applicants.

Mr. Sooraj S. Hulke, AGP,for Respondent No.1. CORAM :- S.C. DHARMADHIKARI & B.P.COLABAWALLA, JJ.

DATE :- DECEMBER 2, 2016.

P. C.:

Heard Mr. Punde for the Applicants. We do not see any reason to modify the condition imposed by this Court on Applicants while permitting withdrawal of the amount deposited in the trial court. The condition imposed is security in the form of Aswale 1/2

922.caf.3757.16 the bank guarantee should be furnished if the Applicants desire to withdraw the sum of Rs.8,57,78,313/- deposited in the reference court on 19th January, 2015. Since the condition imposed is just, fair and reasonable, we do not entertain the civil application. It is dismissed.

(B. P. COLABAWALLA, J.) (S. C. DHARMADHIKARI, J.) Aswale 2/2