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Bombay High CourtCA/4211/2021admittedallowedgrantedrule absolute

Namdev Tukaram Jadhav (Died) Thr Lrs Sojarbai And ORS v. Ex. Engineer, Beed Irrigation Division, Beed Under Gmidc, Aurangabad And ANR

2024-12-10Hon'Ble Shri Justice N. B. Suryawanshi1 pages

2024:BHC-AUG:28928 938-CA-4211-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4211 OF 2021 IN FAST/28094/2019 Namdev Tukaram Jadhav (Died) Through L.Rs.

Sojarbai And Others

VERSUS

Ex. Engineer, Beed Irrigation Division, Beed Under GMIDC, Aurangabad And Another ......

Mr. T.G. Gaikwad, Advocate for Applicants Mr. B.R. Surwase, Advocate for Respondent No.1 Mr. R.B. Dhaware, AGP for Respondent No.2 - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10th DECEMBER, 2024 ORDER :

1.

This application is filed for withdrawal of amount of compensation deposited by the Acquiring Body. 2.

Indisputably, in connected matter, i.e. Civil Application no. 8003 of 2021 in First Appeal (Stamp) No.28091 of 2019, this Court has permitted withdrawal of 50% amount of compensation.

3.

In that view of the matter, application is partly allowed. Applicants are permitted to withdraw 50% of the amount of compensation deposited by the Acquiring Body, along with proportionate accrued interest, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial). 4.

Civil Application is disposed of.

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane