Vyankat D. Naiknaware (Died) Rukminbai V.Naiknaware Died Thr Lrs Haridas V. Naiknaware And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS
ca 3418.23+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 931 FA/985/2022 WITH FA/986/2022 WITH FA/987/2022 WITH FA/988/2022 THE EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD AND ORS
VERSUS
VYANKAT D. NAIKNAWARE (DIED) RUKMINBAI V.NAIKNAWARE DIED THR LRS HARIDAS V. NAIKNAWARE AND ORS ...
Mr. S.D. Dhongade advocate for appellant.
Mr. R.V. Naiknavare advocate for respondents. ...
WITH CIVIL APPLICATION NO.3418 OF 2023 IN FA/985/2022 VYANKAT D. NAIKNAWARE (DIED) RUKMINBAI V.NAIKNAWARE DIED THR LRS HARIDAS V. NAIKNAWARE AND ORS
VERSUS
VYANKAT D. NAIKNAWARE (DIED) RUKMINBAI V.NAIKNAWARE DIED THR LRS HARIDAS V. NAIKNAWARE AND ORS ...
WITH CA/3421/2023 IN FA/986/2022 WITH CA/3422/2023 IN FA/ 987/2022 WITH CA/3419/2023 IN FA/988/2022 ...
Advocate for Applicants : Mr. Naiknavare Ramesh Vitthal Advocate for Respondents : Mr. S D. Dhongade AGP for respondent State : Ms. P.V. Diggikar ...
CORAM : S. G. CHAPALGAONKAR, J.
Dated: July 07, 2023 ...
PER COURT :- ORDER IN FIRST APPEALS :- 1.
Learned advocate for the appellants submits that he would forthwith carry out the amendment as per the order dated 23.6.2023.
aaa/-
ca 3418.23+.odt 2.
Permission is granted. Amendment to be carried out forthwith.
Order in applications for withdrawal of the amount. :- 1.
Heard learned counsel for appearing parties. Present applications are moved by the applicants-original claimants for withdrawal of the amount deposited by respondent-Acquiring Body. 2.
Learned counsel for the respondent - Acquiring Body raises objection and submits that there is no plausible reasons/ground mentioned in the applications for withdrawal of the amount, therefore, he prayed to reject the applications. Learned AGP prayed for suitable orders.
3.
Perused the applications. I have also considered the rival submissions of both sides. In view of the nature of subject-matter, the applicants are permitted to withdraw 50% of amount deposited by respondent-Acquiring Body in these appeals on furnishing undertaking for the satisfaction of the Registrar(Judicial) of this Court, to the effect that, in case, adverse situation, if any, arises after adjudication of the appeals on merit, they will deposit the amount forthwith as per orders of this Court. The rest of 25% of amount is allowed to be withdrawn on furnishing solvent surety of like amount and remaining 25% balance amount be invested in FDRs account in any Nationalized Bank for a period of two years or till adjudication of the appeals, whichever is earlier.
4.
In the light of above, the civil applications stand disposed of accordingly.
( S. G. CHAPALGAONKAR, J. ) ...
aaa/-