Divakar Supdu More And ORS v. The Executive Engineer, Minor Irrigation Division, Jalgaon

1 935CA2215.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

935 CIVIL APPLICATION NO. 2215 OF 2025 IN FAST/14963/2020 Divakar Supdu More And Ors

VERSUS

The Executive Engineer, Minor Irrigation Division, Jalgaon ...

Mr. Vijay Bhalerao Patil - Advocate for Applicant Mr. Deepal B. Rasve h/f Mr. Ajay D. Pawar - Advocate for Respondent No. 1 ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 25TH MARCH 2025 PER COURT : - 1.

This is an Application by the original claimants with the following prayers :

"[A] The Civil Application may kindly be allowed.

[B] By appropriate, order or direction, amount of Rs.9,22,385/- with accrued interest deposited by respondents in First Appeal Stamp No.14963/2020 may kindly be transfer to the court of Civil Judge Senior Division Jalgaon and for that purposes appropriate orders may kindly be passed in favour of the present applicants.

[C] Any other relief may kindly be granted in favour of the applicants."

SG Punde

2 935CA2215.2025.odt 2.

It is submitted by the learned Advocate for the Applicants/Claimants that the Acquiring Body has deposited 50% amount awarded by the learned Reference Court in this Court. He submits that this Court has already permitted the Applicants to withdraw the said amount by order dated 13.06.2024. He submits that there are about ten [10] Applicants and they are residing at different places and, therefore, it is not possible for all of them to come to Aurangabad for withdrawal of the amount. He submits that, all the Applicants are permanent resident of Jamner of District Jalgaon. He submits that the Application be allowed. 3.

Learned Advocate for the Acquiring Body submits that, considering the prayers in the Application, the Acquiring Body has no objection for the same.

4.

The prayer in this Application is only to transfer the amount deposited by the Acquiring Body in this Court to the Court of Civil Judge Senior Division, Jalgaon. I see no legal impediment in granting the Application. Hence, Application is allowed in terms of prayer clause 'B'. 5.

Application stands disposed of.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 28/03/2025 12:30:39 SG Punde