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Bombay High CourtCA/2204/2021disposed off

Shahinabi Aniskha Pathan And ORS v. Gram Panchayat Shendurni Tq.Jamner Jalgaon And Others

2022-03-15Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

933-ca-2204-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2204 OF 2021 IN FA/118/2008 SHAHINABI ANISKHA PATHAN AND OTHERS

VERSUS

THE GRAM PANCHAYAT SHENDURNI TQ. JAMNER DIST. JALGAON AND OTHERS ....

Mr. V.R. Jain, Advocate for the Applicants Mr. R.S. Banik, Advocate h/f Mr. V.P. Latange, Advocate for Respondent Nos.1-A and 1-B ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 15th MARCH, 2022 PER COURT:- 1.

Heard Mr. V.R. Jain, learned counsel for the applicants and Mr. Banik holding for Mr. Latange, learned counsel for respondent nos. 1-A and 1-B. Mr. V.Y. Patil, learned counsel for respondent nos.4-a to 4-c remained absent, when matter is called out. 2.

This Court was pleased to allow the applicants to withdraw the compensation amount deposited in this Court vide order dated 20.03.2018, however, after furnishing the undertaking while allowing civil application no. 3066 of 2017. The order passed in civil application no. 3066 of 2017 is sought to be modified. Applicant no.1 being the widow of the deceased and the mother of applicant nos. 2 to 4, needs to be permitted to withdraw the

933-ca-2204-21 amount of compensation by modifying the order dated 20.03.2018.

O R D E R

(i) The application is hereby allowed in terms of prayer clauses (7-A) and (7-B).

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(ii) The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane