Rajabhau Prallad Jagtap v. The State Of Maharashtra, Through The Collector, Osmananbad And Others

1 1111-2021-969+group

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1111 OF 2021 IN FAST/5658/2019 (WITHDRAWAL OF AMOUNT) RAJABHAU PRALLAD JAGTAP

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANANBAD AND OTHERS WITH CIVIL APPLICATION NO. 1112 OF 2021 IN FAST/5650/2019 INDRABAI LIMBRAJ MUGLE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANANBAD AND OTHERS WITH CIVIL APPLICATION NO. 1113 OF 2021 IN FAST/5632/2019 UDHAV PRALLHAD JAGTAP

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANANBAD AND OTHERS WITH CIVIL APPLICATION NO. 1114 OF 2021 IN FAST/5644/2019 MUKTAJI PRALLHAD JAGTAP

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANANBAD AND OTHERS ...

Advocate for Applicants : Mr. R.D. Biradar AGP for Respondents : Mr. R.B. Bagul ...

CORAM : ANIL S. KILOR, J.

DATE : 01-04-2021

2 1111-2021-969+group ORDER :

1.

These are Applications moved by the claimants for withdrawal of the amount. It is stated that complete decretal amount is deposited in this Court by the Acquiring Body. 2.

Learned counsel appearing for the non-applicants opposes the prayer made by the applicants for withdrawal of the amount and states that the amount granted by the reference Court is exorbitant and there is a challenge to the quantum in this matter. In that view of the matter, to balance the rights of the parties, I am of the opinion that if 50% of the amount is permitted to withdraw by the applicants, the cause of justice would be subserved.

3.

In that view of the matter, the applicants are permitted to withdraw 50% of the total decretal amount deposited in this Court on furnishing undertaking to the effect that in the event the decision in first appeal/s goes adverse to their interest, they would re-deposit the amount in this Court within the stipulated period.

4.

Civil Applications are disposed of.

[ ANIL S. KILOR ] JUDGE arp/