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Bombay High CourtCAF/642/2017

Shri. Suresh Pandurang Patil And ORS. v. The State Of Maharashtra Through The Special Land Acquisition Officer

2017-03-06Hon'Ble Shri Justice M.S. Sonak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2031 OF 2015 IN FIRST APPEAL (ST) NO.14163 OF 2014 The State of Maharashtra Through The Special Land Acquisition Officer and Anr.

..Applicant/Appellant V/s.

Shri.Vitthal Pavasha Patil & Ors.

..Respondents WITH CIVIL APPLICATION NO.644 OF 2017 IN FIRST APPEAL (ST) NO.14163 OF 2014 Shri.Vitthal Pavasha Patil & Ors.

..Applicant/Appellant V/s.

The State of Maharashtra Through The Special Land Acquisition Officer ..Respondent WITH CIVIL APPLICATION NO.2029 OF 2015 IN FIRST APPEAL (ST) NO.14153 OF 2014 WITH CIVIL APPLICATION NO.2030 OF 2015 IN FIRST APPEAL (ST) NO.14153 OF 2014 The State of Maharashtra Through The Special Land Acquisition Officer & Anr.

..Applicants/Appellants V/s.

Shri.Kashinath Balu Patil & Anr.

..Respondents N.S. Kamble page 1 of 3

CIVIL APPLICATION NO.2032 OF 2015 IN FIRST APPEAL (ST) NO.14163 OF 2014 The State of Maharashtra Through The Special Land Acquisition Officer and Anr.

..Applicant/Appellant V/s.

Shri.Vitthal Pavasha Patil & Ors.

..Respondents WITH CIVIL APPLICATION NO.642 OF 2017 IN FIRST APPEAL (ST) NO.30599 OF 2015 Shri.Suresh Pandurang Patil & Ors.

..Applicants/Appellants V/s.

The State of Maharashtra Through The Special Land Acquisition Officer ..Respondent WITH CIVIL APPLICATION NO.643 OF 2017 IN FIRST APPEAL (ST) NO.9554 OF 2014 Shri.Prakash Rama Gharat (Deceased) Through Smt. Jyoti Prakash Gharat & Ors.

..Applicants/Appellants V/s.

The State of Maharashtra Through The Special Land Acquisition Officer ..Respondent ---- Mr.Ameet Palkar, AGP for the Applicant in CAF 2031 of 2015 and Original Appellant and Applicant in CAF No.2029 of 2015, CAF No.2030 of 2015 and CAF 2032 of 2015.

Mr.Sagar Mane i/by Mr.N.V. Bandiwadekar for the applicant in CAF 644 of 2017, CAF 642 of 2017, CAF No.643 of 2017 and Original Respondent No.1 to 4.

---- N.S. Kamble page 2 of 3

CORAM : M. S. SONAK, J.

DATE : 06 MARCH 2017.

P.C.

1.

Upon production, taken on board.

2.

The Civil Applications are allowed in the following terms :- a) The applicants are allowed to withdraw 50% of the deposited amount subject to furnishing adequate security for the said amount to the satisfaction of the Reference Court.

b) The appellant State of Maharashtra shall be heard before accepting the security.

c) The balance amount is to be deposited in a Nationalized Bank in an appropriate interest bearing instrument. (Fixed deposit) d) The withdrawal shall however, be subject to final orders that will be passed in the appeal. 3.

All concerned to act on the basis of the authenticated copy of this order.

4.

The Civil Applications are disposed of accordingly. (M. S. SONAK, J.) N.S. Kamble page 3 of 3