Krishnadas Baburao Dande v. The Executive Engineer, Minor Irrigation Division, Latur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 919 OF 2015 FIRST APPEAL NO. 1537 OF 2012 Kamalabai w/o Kashiram Swarankar CIVIL APPLICATION NO. 926 OF 2015 FIRST APPEAL NO. 1539 OF 2012 Sushilabai w/o Vinayak Pinate CIVIL APPLICATION NO. 927 OF 2015 FIRST APPEAL NO. 1542 OF 2012 Tukaram s/o Sopan Chewle The Executive Engineer,

CIVIL APPLICATION NO. 929 OF 2015 FIRST APPEAL NO. 1543 OF 2012 Krishnadas s/o Baburao Dande CIVIL APPLICATION NO. 931 OF 2015 FIRST APPEAL NO. 1538 OF 2012 Govind s/o Sopan Kolhe Minor Irrigation Division. Latur CIVIL APPLICATION NO. 932 OF 2015 FIRST APPEAL NO. 1540 OF 2012 Nathrao S/o Hanmantrao Kolhe

CIVIL APPLICATION NO. 933 OF 2015 FIRST APPEAL NO. 1541 OF 2012 Gunderao s/o Laxman Chewle The Executive Engineer, ===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 23rd JANUARY, 2015.

PER COURT :

1.

These are the applications seeking withdrawal of amount deposited by appellant - acquiring body in this Court. Acquiring body was directed to deposit 50% of the amount out of total amount awarded by the reference Court. In compliance of the direction issued by this court on 26.09.2014, the amount has been deposited by the acquiring body. 2.

Considering facts and circumstances of the case, the ends of justice

would be met if applicants are permitted to withdraw 50% of the amount out of the amount deposited by the acquiring body, without furnishing any securing and tendering an undertaking to the Court that in the event of success of appeal, they would re-deposit the amount within a period of twelve weeks from such decision. Balance of 50% out of the amount deposited by acquiring body in this Court, shall be permitted to be withdrawn by the applicants on furnishing solvent security or bank guarantee for the like amount. Civil applications are disposed of. ( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb