← Library
Bombay High CourtCA/2307/2024admittedallowedgrantedrule absolute

Sakharam S/O Krishna Waman (Dead) Thr Lrs. Mhatardeo S/O Sakharam Waman And ORS v. The Maharashtra Krishna Valley Development Corporation

2024-05-07Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 2307 OF 2024 IN FA/3736/2023 WITH CIVIL APPLICATION NO. 2306 OF 2024 IN FA/3736/2023 SAKHARAM S/O KRISHNA WAMAN (DEAD) THR LRS.

MHATARDEO S/O SAKHARAM WAMAN AND ORS

VERSUS

THE MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION AND ANR ...

Advocate for Applicant : Mr. Shekade Shashikant E AGP for Respondents/State : Mr.P.D. Patil Advocate for Respondent No. 1 : Mr. A.M.Gaikwad ...

AND 922 CIVIL APPLICATION NO. 4632 OF 2024 IN FA/3735/2023 WITH CIVIL APPLICATION NO. 4472 OF 2024 IN FA/3735/2023 VITTHAL S/O BABURAO WAMAN (DIED) THR LRS. GAYABAI VITTHAL WAMAN AND ORS

VERSUS

THE M.K.V.D.C., THR, EX. ENGINEER, MEDIUM PRO. OSMANABAD AND ANR ...

Advocate for Applicant : Mr. Shekade Shashikant E AGP for Respondents/State : Mrs. A.S.Mantri Advocate for Respondent No. 1 : Mr. A.M. Gaikwad ...

CORAM : S. G. MEHARE, J.

DATE : 07th MAY, 2024.

PER COURT :

1.

Heard the respective learned counsels for the parties. 2.

In similarly situated matters, the Court allowed the applicants to withdraw the entire amount. Hence, the following order :

O R D E R

(i) The applications are allowed.

(ii) The applicants are allowed to withdraw entire amount deposited with this Court with accrued interest on the undertaking to deposit the money, if the impugned judgment and award is reversed.

(iii) The amount deposited with this Court be transferred to the Reference Court. Reference Court should release the amount on the undertaking mentioned above.

(iv) The amount be apportioned as per the share mentioned in the application, in

paragraph No.10.

3.

Applications to bring the legal heirs on record stand dismissed as not tenable. Learned counsel for the appellants got the knowledge about the death of the concerned respondents. They may take the steps to bring the legal heirs as per the procedure of law, if they desire.

4.

List the matters in due course.

5.

Call for the Record and Proceedings.

( S. G. MEHARE ) JUDGE mahajansb/