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Bombay High CourtCA/2558/2024admittedallowedgrantedrule absolute

Chandrarao Hambirrao Tanpur Died Thr. Lrs. Krushnabai C. Tanapure v. The State Of Maharashtra And Another

2024-07-12Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:13947 {1} ca2558-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2558 OF 2024 IN FIRST APPEAL NO.2940 OF 2018 Chandrarao Hambirrao Tanpure (Died) LR Krushnabai Chandrarao Tanpure APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Shubham Jaybhar h/f Mr. D. R. Jaybhar, Advocate for applicant Mrs. Uma Bhosale, AGP for respondent - State Mr. G. B. Rajale, Advocate for respondent No.2. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th JULY, 2024 ORDER :

1.

Heard.

2.

Applicant was earlier permitted to withdraw 50% of the amount of compensation, coming to her share, which was transferred to the Court of Civil Judge, Senior Division, Shrigonda, District - Ahmednagar.

3.

By this application, applicant seeks permission to withdraw remaining 50% amount of compensation. Learned advocate for applicant submits that by earlier order dated 18th August, 2022, applicant was permitted to withdraw 50% compensation amount

{2} ca2558-24.doc and only 50% amount coming to her share was transferred to the Court of learned Civil Judge, Senior Division, Shrigonda, District - Ahmednagar.

4.

Learned advocate for respondent No.2 - acquiring body, strenuously opposed the application.

5.

Considering the fact that applicant is 84 years old and acquisition is of the year 1989, it would be just and proper to permit the applicant to withdraw further 25% of the amount of compensation coming to her share, on furnishing undertaking. Said amount, if not already transferred, be transferred to the Court of learned Civil Judge, Senior Division, Shrigonda, District - Ahmednagar and be paid to the applicant on furnishing undertaking to the satisfaction of the learned Civil Judge, Senior Division, Shrigonda.

6.

Remaining 25% amount shall be invested in fixed deposited to be renewed from time to time, until further orders. 7.

Civil Application is disposed of.

[NITIN B. SURYAWANSHI] JUDGE drp/ca2558-24.doc