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Bombay High CourtCA/2293/2024admittedallowedgrantedrule absolute

Ramchandra Umaji Pawar Died Thr Lrs Motabi Ramchandra Pawar And ORS v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

2024-03-01Hon'Ble Shri Justice S. G. Mehare2 pages

928-CA.2283-24 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 2283 OF 2024 IN FA/637/2024 WITH CIVIL APPLICATION NO.2287 OF 2024 IN FA/636/2024 WITH CIVIL APPLICATION NO.2284 OF 2024 IN FA/639/2024 WITH CIVIL APPLICATION NO.2285 OF 2024 IN FA/639/2024 WITH CIVIL APPLICATION NO.2290 OF 2024 IN FA/634/2024 WITH CIVIL APPLICATION NO.2293 OF 2024 IN FA/634/2024 WITH CIVIL APPLICATION NO.2294 OF 2024 IN FA/632/2024 WITH CIVIL APPLICATION NO.2296 OF 2024 IN FA/635/2024 WITH CIVIL APPLICATION NO.2295 OF 2024 IN FA/633/2024 WITH CIVIL APPLICATION NO.317 OF 2021 IN FA/636/2024 WITH CIVIL APPLICATION NO.321 OF 2021 IN FA/638/2024 WITH CIVIL APPLICATION NO.323 OF 2021 IN FA/637/2024 WITH CIVIL APPLICATION NO.319 OF 2021 IN FA/639/2024 WITH CIVIL APPLICATION NO.301 OF 2021 IN FA/632/2024 WITH CIVIL APPLICATION NO.305 OF 2021 IN FA/635/2024 WITH CIVIL APPLICATION NO.303 OF 2021 IN FA/634/2024 WITH CIVIL APPLICATION NO.307 OF 2021 IN FA/633/2024 WITH CIVIL APPLICATION NO.2289 OF 2024 IN FA/638/2024 VITTHAL LIMBAJI JADHAV

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS .....

Advocate for Applicant : Mr. Patil Laxmikant C. AGP for Respondents-State : Mrs. M. L. Sangit. Advocate for Respondent No.3 : Mr. Rohit Patwardhan h/f Mr. S. D. Shelke.

.....

CORAM : S. G. MEHARE, J.

DATE :

01.03.2024 PER COURT :- 1.

Heard the respective learned counsels for the parties.

928-CA.2283-24 & ors.odt 2.

Considering the grounds of objection in the appeal memo, the following order is passed :

O R D E R

(i) All applications are partly allowed.

(ii) The applicants are allowed to withdraw 75% of the amount deposited with this Court with accrued interest on the undertaking to deposit the money, if the impugned judgment and award is reversed.

(iii) 50% of the amount be released on furnishing undertaking as mentioned above and remaining 25% be released on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

3.

Applications to bring the legal heirs on record stand dismissed as not tenable. Learned counsel for the appellant got the knowledge about the death of the concerned respondent. He may take the steps to bring the legal heirs as per the procedure of law, if he desires.

4.

Stand over to 23.04.2024.

(S. G. MEHARE, J.) ...

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