Rajabhau Murlidhar Kirkase v. The Executive Engineer Lift Irrigation Division Osmanabad And ORS

918-919-CA-3265-2019.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.3265 OF 2019 IN FA/2246/2016 VISHNUDAS GULABCHAND SHARMA

VERSUS

THE EXECUTIVE ENGINEER LIFT IRRIGATION DIVISION OSMANABAD AND ORS ...

Advocate for Applicants : Mr. Patne Santosh N. AGP for Respondent/State : Mr. S.J Salgare Advocate for Respondent No.1 : Mr. S.P. Sonpawale WITH 919 CIVIL APPLICATION NO.3266 OF 2019 IN FA/1259/2014 RAJABHAU MURLIDHAR KIRKASE

VERSUS

THE EXECUTIVE ENGINEER LIFT IRRIGATION DIVISION OSMANABAD AND ORS ...

Advocate for Applicants : Mr. Patne Santosh N. AGP for Respondent/State : Mr. A.M. Phule Advocate for Respondent No.1 : Mr. S.P. Sonpawale ...

CORAM : P.R. BORA, J.

DATED : 01st March, 2019.

PER COURT:- .

Heard Shri Patne, the learned counsel for the applicant and Shri Sonpawale, the learned counsel for the acquiring body and Shri Salgare and Shri Phule, the learned AGP's for the respondentState. 2.

Perused the impugned judgment and the grounds of objections raised in exception to the

918-919-CA-3265-2019.odt (2) said judgment. In view of the above, the following order is passed:

ORDER

i) Both applications are allowed.

ii) The applicants in both the applications are permitted to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of the Registrar of this Court.

iii) Balance 50% of the amount be invested in Fixed Deposit Receipt in any nationalized bank, for the period till disposal of the appeal.

iv) Both civil applications for withdrawal of amount stand disposed of.

(P.R. BORA, J.) Mujaheed//