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Bombay High CourtCA/2521/2025admittedallowedgrantedrule absolute

Prahlad Goroba Padulakar And ANR v. The Executive Engineer Minor Irrigation Division Osmanabad And ORS

2025-03-07Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:7131 ca 2521.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 CIVIL APPLICATION NO. 2521 OF 2025 IN FA/655/2024 Prahlad Goroba Padulakar And Anr

VERSUS

The Executive Engineer Minor Irrigation Division Osmanabad And Ors ...

Advocate for Applicant : Mr. Jaydeep Samadhan Kadam AGP for Respondents: Mr. D B Bhange Advocate for Respondents : Mr. Sunil Prabhudeo Sonpawale ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 07, 2025 PER COURT :- 1.

Heard learned advocates appearing for the respective parties.

2.

The applicants/original claimants seeks permission to withdraw the amount deposited by the Acquiring Body in pursuance to the award passed by the Reference Court. 3.

Learned counsel appearing for the applicant submits that small piece of land has been acquired. The applicants are litigating for getting just compensation since long. 4.

Learned counsel appearing for the respondent acquiring body strongly opposes the application.

5.

Considering the submissions advanced and reasons as recorded by the reference Court, applicants are permitted to

ca 2521.25.odt withdraw 70% of the amount deposited by the acquiring body, subject to condition that applicants file undertaking to the satisfaction of the Registrar (Judicial) of this Court that they shall re-deposit the amount, if adverse order is passed in appeal. CA stands disposed of.

( S. G. CHAPALGAONKAR, J. ) ...

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