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Bombay High CourtCA/1472/2024partly allowed and partly dismissed

Tukaram S/O Kisan Nagargoje And ORS v. The State Of Maharashtra Thr The Collector, Beed And ORS

2024-04-26Hon'Ble Shri Justice S. G. Mehare1 pages

2024:BHC-AUG:9294 9-CA-1472-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1472 OF 2024 IN FAST/32376/2021 TUKARAM S/O KISAN NAGARGOJE AND OTHERS

VERSUS

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

Advocate for Applicants : Mr. Abhijeet V. Thombre AGP for Respondents/State : Mr. A. S. Shinde ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the parties.

2.

Perused the grounds of appeal. Considering the issue involved in the case, the following order is passed;

ORDER

i) The application is partly allowed.

ii) The applicants are allowed to withdraw 75% of the amount deposited with this Court with accrued interest. Out of it, 50% be released on furnishing undertaking that they would deposit the amount, if the impugned judgment and award is reversed, and 25% amount be released on furnishing surety/ security to the satisfaction of the learned Registrar (J) of this Court.

iii) The balance amount be invested in the fixed deposit receipt in any Nationalized Bank as per rules.

( S. G. MEHARE ) JUDGE rrd