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Bombay High CourtCA/2413/2023admittedallowedgrantedrule absolute

Musa Mittu Attar Died Thr Lrs Krimbi Musa Attar And Others v. The Executive Engineer, Minor Irrigation Division, Osmanabad And ORS

2025-01-22Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:1940 918 CA 2413-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 2413 OF 2023 IN FIRST APPEAL NO. 2335 OF 2020 WITH CIVIL APPLICATION NO. 2414 OF 2023 IN FA/2335/2020 MUSA MITTU ATTAR DIED THROUGH L.RS. KRIMBI MUSA ATTAR AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS ...

Mr. Ramraje D. Kawade - Advocate for Applicants Mr. Vivek M. Lomte - Advocate for Respondent No.1 Mr. Dnyaneshwar J. Patil - AGP for Respondent Nos.2 and 3, State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 22nd JANUARY, 2025 PER COURT :

1.

Civil Application No.2414 of 2023 is filed for withdrawal of amount alongwith accrued interest thereon.

2.

Perused the application. Heard learned advocates for the applicants and respondent No.1 and learned A.G.P. for respondent Nos.2 and 3.

3.

Considering the fact that the appeal has been already disposed of in Maha Lokadalat and learned advocate for the acquiring body Pooja Kale 1/2

918 CA 2413-2023 also consented for such withdrawal as claimed by the applicants. In view of the same, the application is allowed. 4.

Registry is directed to pay entire deposited amount in this Court as per award alongwith accrued interest thereon till date to applicant Nos.1-A to 1-E, who are legal representatives of applicant No.1.

5.

The application is disposed of.

6.

In so far as Civil Application No. 2413 of 2023 is concerned, the same is filed for bringing legal representatives of applicant No.1 on record by condoning the delay of 4289 days.

7.

In view of the fact that the appeal has been already disposed of in Maha Lokadalat and order passed in Civil Application No.2414 of 2023, there is no need to consider this application. Therefore the application is disposed of.

[ SANJAY A. DESHMUKH ] JUDGE Pooja Kale 2/2