Jankiram S/O Ananda Lokhande Died Thr Lrs Kalabai J.Lokhande And ORS v. Ex. Engineer, Minor Irrigation Div. 1 Aurangabad And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO.603 OF 2023 IN FA/457/2022 JANKIRAM S/O ANANDA LOKHANDE DIED THR LRS KALABAI J.LOKHANDE AND ORS

VERSUS

EX. ENGINEER, MINOR IRRIGATION DIV. 1 AURANGABAD AND ANR ...

Advocate for Applicants : Mr. D. A. Bide AGP for Respondent No.2: Mr. A. B. Chate Advocate for Respondent No.1 : Mr. V. C.Solshe ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 31/01/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body alongwith the interest before the executing court i.e. CJSD, Aurangabad in LAR NO.239 of 2012. 3.

Thus, it would be appropriate to dispose of this application with directions to the aforesaid executing court as follows :

i) The applicants are at liberty to fle withdrawal application before the executing court and on fling such application, the

2 955 ca 603-23 executing court shall decide the same on its own merit.

ii) The conditional order passed by this court on 25/02/2022 shall not be an impediment in passing order by the executing court on such withdrawal application.

iii) With these directions, the application for withdrawal is disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-