Dattu Gena Kedar (Died) Thr. Lrs Kesharbai Dattu Kedar And ORS v. G.M.I.D.C.Thr The Executive Engineer, Minor Irrigation Division, Osmanabad And ANR

2025:BHC-AUG:1448 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 549 OF 2025 IN FAST/8928/2017 Dattu Gena Kedar (died) Thr. Lrs Kesharbai Dattu Kedar And Ors

VERSUS

G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr AND CIVIL APPLICATION NO. 550 OF 2025 IN FAST/8928/2017 Dattu Gena Kedar (died) Thr. Lrs Kesharbai Dattu Kedar And Ors

VERSUS

G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr ...

AND CIVIL APPLICATION NO. 551 OF 2025 IN FAST/8727/2017 Fulchand Maruti Dhole

VERSUS

G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr Advocate for Applicant : Mr. V.V. Ingale Vivekanand V. AGP for Respondents: Mr. Rajkumar B. Dhaware AND CIVIL APPLICATION NO. 13300 OF 2017 IN FAST/8727/2017 G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr

VERSUS

Fulchand Maruti Dhole

-2AND CIVIL APPLICATION NO. 13301 OF 2017 IN FAST/8727/2017 G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr

VERSUS

Fulchand Maruti Dhole AND CIVIL APPLICATION NO. 13304 OF 2017 IN FAST/8925/2017 G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr

VERSUS

Manu Babu Survase Died Thr Lrs Lochana Gundappa Dolare And Ors AND CIVIL APPLICATION NO. 13305 OF 2017 IN FAST/8925/2017 G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr

VERSUS

Manu Babu Survase AND CIVIL APPLICATION NO. 13302 OF 2017 IN FAST/8928/2017 G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr

VERSUS

Dattu Gena Kedar AND CIVIL APPLICATION NO. 13303 OF 2017 IN FAST/8928/2017 G.m.i.d.c.thr The Executive Engineer, Minor Irrigation Division, Osmanabad And Anr

VERSUS

-3Dattu Gena Kedar Advocate for Applicant : Mr. Bharaswadkar Patil Kalpalata AGP for Respondents: Mr. Mr. Rajkumar B. Dhaware Advocate for Respondent-claimants : Mr. Adv. V. V. Ingale .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 17th JANUARY 2025 PER COURT :- 1.

Civil application No 549 of 2025 is filed for bringing legal representatives of the respondent sole on record with a prayer for condonation of delay of 954 days caused in filing the said application. 2.

Perused the application and heard learned advocates for the parties. Learned A.G.P. strongly objected the application. Considering the reasons stated in the application, it appears that the delay is not deliberate. Therefore, the application is allowed in terms of prayer clauses "A" and "B". The delay is condoned in the interest of justice. Abatement is set aside. Amendment be carried out within a week from today.

3.

Civil application Nos. 550 of 2025 and 551 of 2025 are filed for withdrawal of the amount. Learned counsel for the applicants and the respondents submit that earlier 50% amount is withdrawn. Considering the reasons stated in the applications, the applications are allowed. The applicants-claimants are permitted to withdraw 25%

-4amount on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court, alongwith accrued interest thereon. The applications are disposed of.

4.

List the other matters on 31.1.2025.

(SANJAY A. DESHMUKH, J.) rlj/