Govind Jagannath Kawade (Died) Thr Lrs Indubai (Died) Thr Lrs Mahadev And ORS v. The State Of Maharashtra Thr Collector, Osmanabad And ORS

2024:BHC-AUG:1597 23-CA-783-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 783 OF 2022 IN FA/2396/2023 GOVIND JAGANNATH KAWADE (DIED) THR LRS INDUBAI (DIED) THR LRS MAHADEV AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicant : Mr. Pravin B. Rakhunde AGP for Respondents No.1 and 2 : Mr. A. S. Shinde Advocate for Respondent No.3 : Mr. S. C. Arora Advocate for Respondent No.4 : Mr. D. A. Madake ...

WITH CIVIL APPLICATION NO. 14987 OF 2019 IN FA/2396/2023 ...

CORAM : S. G. MEHARE, J.

DATE : 19-01-2024 PER COURT :- 1.

Heard the learned respective counsels.

2.

The appellant/acquiring body has preferred appeal against the impugned judgment and award. The claimants were sisters and two brothers. The amount of compensation has been deposited. There was a dispute between brothers about share. 3.

Considering these facts, the application deserves to be allowed partly. Hence, the order;

23-CA-783-22.odt i) The application is partly allowed.

ii) The applicants are entitled to take 1/8th share per strip from the 75% of the amount deposited with accrued interest, on furnishing an undertaking that they will re-deposit the amount, if the judgment and order is reversed. ( S. G. MEHARE ) JUDGE rrd