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Bombay High CourtFA/1196/1998allowed to be withdrawn

The State Of Maharashtra v. Bapu Mahadu Jathar

2020-02-08Hon'Ble Shri Justice N. J. Jamadar,National Lok Adalat3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL NO. 1196 OF 1998 WITH CIVIL APPLICATION NO. 6932 OF 1995 WITH CIVIL APPLICATION NO. 5751 OF 1999 WITH CIVIL APPLICATION NO. 4691 OF 2001 IN FIRST APPEAL NO. 1196 OF 1998 The State of Maharashtra ... Appellant Vs.

Bapu Mahadu Jathar ... Respondent WITH CIVIL APPLICATION NO. 4341 OF 2010 IN FIRST APPEAL NO. 1196 OF 1998 Maharashtra Krishna Valley Development Corporation ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Yogesh Dabke, AGP for State.

Shri Ajay Pawar, Dy. Collector, Pune (SLAO) Ms. Shivali D. Pardeshi, Dy. Executive Engineer, Chaskaman Division, Pune.

Mr.Gaurav Potnis i/b Pallavi Potnis for respondent.

CORAM

: N.J. JAMADAR, J.

: V.R. KACHARE, Registrar (Judicial-II) & P.K. NARDELE, O.S.D., Court Receiver th FEBRUARY 2020 DATE : 8 1/3

P.C. :

1.

The Deputy Collector (Land Acquisition No.13), Pune for appellant has filed withdrawal pursis seeking leave to withdraw the appeal. Shri Ajay Pawar, Deputy Collector, Land Acquisition No.13 is present. He submits that the State does not desire to prosecute the appeal. He admits the contents of the withdrawal pursis and his signature thereon. The withdrawal pursis also bears the signature of Ms. Shivali D. Pardeshi, Deputy Executive Engineer of the acquiring body and the learned AGP for the State.

2.

3.

The withdrawal pursis is taken on record and marked 'A' for identification.

4.

In view of the withdrawal pursis, the appeal stands disposed of as withdrawn.

5.

In view of withdrawal of appeal, the civil applications do not survive and stand disposed of.

6.

Court fee refund be made as per rules.

7.

In view of withdrawal of the appeal, the original claimantrespondent or his legal representatives, in the event the original 2/3

claimant/respondent is dead, shall be entitled to the amount deposited in the reference Court in terms of the award impugned herein. 8.

In the event the original claimant/respondent is dead, the reference Court shall permit the legal representatives to bring them on record on the basis of an application supported by an affidavit and, thereafter, pass appropriate order to release the amount deposited in the Court, in accordance with law.

( P.K. NARDELE ) ( V.R. KACHARE ) ( N.J. JAMADAR, J. ) 3/3