Shivaji Bajirao Awachar (Died) Thr Lrs Rajebhau And ANR v. Executive Engineer, Nimna Dudhana Project Selu And ORS

1 C.A. No. 4036 / 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4036 of 2018 IN FIRST APPEAL (STAMP) NO. 28698 of 2016 Shivaji Bajirao Awachar (died) through legal representatives ...APPLICANTS

VERSUS

Executive Engineer Nimna Dudhana Project, Selu and others ...RESPONDENTS Mr Sachin S. Randive, Advocate for apaplicants. Mr A.D. Namde, Asstt. Govt. Pleader for respondents CORAM : SUNIL P. DESHMUKH, J.

DATE : 27th April 2018 ORDER :

Learned Counsel for applicants seeks similar treatment to the present application as that had been given to Civil Application No. 2259 of 2018 in First Appeal No. 2251 of 2016 and companion civil applications as according to him this being a left out matter. Learned Asstt. Govt. Pleader fairly accepts the position.

2.

In the circumstances, the order passed in Civil Application No. 2259 of 2018 in First Appeal No. 2251 of 2016

2 C.A. No. 4036 / 2018 and companion civil applications on 22nd March 2018 shall be deemed to be part and parcel of order on the present Civil Application and thus, it would be expedient to allow the present applicants-claimants to withdraw the amount deposited in this Court subject to same terms and furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court to the same effect as per order dated 22nd June 2017 in Civil Application No. 2807 of 2017 in First Appeal No. 572 of 2017 and companion matters.

3.

Civil application is, accordingly, disposed of. ( SUNIL P. DESHMUKH ) JUDGE.

Madkar