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Bombay High CourtCA/8096/2021admittedallowedgrantedrule absolute

The M.K.V.D.C., Thr Ex. Engineer, Osmanabad And ANR v. Popat Ambrushi Jadhav

2024-11-26Hon'Ble Shri Justice Kishore C. Sant3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 12433 OF 2024 IN FAST/3739/2021 Popat Ambrushi Jadhav

VERSUS

The State Of Maharashtra, Through Collector, Osmanabad And Ors WITH CIVIL APPLICATION NO. 8096 OF 2021 IN FAST/3739/2021 The M.K.V.D.C., Thr Ex. Engineer, Osmanabad And Anr

VERSUS

Popat Ambrushi Jadhav WITH CIVIL APPLICATION NO. 8097 OF 2021 IN FAST/3739/2021 The M.K.V.D.C., Thr Ex. Engineer, Osmanabad And Anr

VERSUS

Popat Ambrushi Jadhav Mr. Narsing B. Jadhav for Applicant.

Mr. Anil M.Gaikwad, Advocate for Respondent No.1. Mr. N. D. Raje, AGP for Respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 26th NOVEMBER 2024 PC :- CIVIL APPLICATION FOR WITHDRAWAL This application is filed for withdrawal of the amount deposited by the original claimant-respondent in this Court. After hearing the parties, following order:-

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ORDER

(i) Application stands allowed.

(ii) The applicant-claimant is permitted to withdraw 50% of the awarded amount deposited in this Court alongwith accrued interest on furnishing usual undertaking.

(iii) Further 25% awarded amount alongwith accrued interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. (iv) With this, Civil Application stands disposed off. CIVIL APPLICATION FOR DELAY This application is filed for condonation of 1700 days delay caused in filing the appeal by acquiring body.

For the reasons stated in the application, application is allowed. Delay stands condoned.

3.

Office to register the appeal.

4.

Application stands disposed off.

FIRST APPEAL Heard.

Admit.

3.

Call for record and proceedings.

( 3 ) CIVIL APPLICATION FOR STAY The applicant-acquiring body has already deposited 75% of the amount as per impugned judgment and award in the office of this Court. In view of the same, there shall be stay to the impugned judgment and award till disposal of the appeal.

[KISHORE C. SANT, J.] Ethape