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Bombay High CourtCA/4141/2018disposed offdismissed for default

Pandurang Sakharam Dongre v. The Executive Engineer, Irrigation Division, Near Moti Bagh, Jalna And ORS

2018-04-10Hon'Ble Shri Justice Sunil P. Deshmukh3 pages

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4726 OF 2018 IN FIRST APPEAL NO.3327 OF 2017 Sayyad Jamal Sayyad Baba (Died) LRs APPLICANTS

VERSUS

The Executive Engineer Irrigation Division, Jalna and Others RESPONDENTS WITH CIVIL APPLICATION NO. 4146 OF 2018 IN FIRST APPEAL NO.3330 OF 2017 WITH CIVIL APPLICATION NO. 4147 OF 2018 IN FIRST APPEAL NO.3329 OF 2017 WITH CIVIL APPLICATION NO. 4139 OF 2018 IN FIRST APPEAL NO.3328 OF 2017 .......

Mr. Vilas M. Humbe, Advocate for the applicants Mr. B. V. Virdhe, AGP for respondent - State Mr. B. R. Surwase, Advocate for respondent No.1 .......

WITH CIVIL APPLICATION NO. 4140 OF 2018 IN FIRST APPEAL NO.760 OF 2017 WITH CIVIL APPLICATION NO. 4141 OF 2018 IN FIRST APPEAL NO.763 OF 2017

{2} WITH CIVIL APPLICATION NO. 4142 OF 2018 IN FIRST APPEAL NO.762 OF 2017 WITH CIVIL APPLICATION NO. 4143 OF 2018 IN FIRST APPEAL NO.761 OF 2017 WITH CIVIL APPLICATION NO. 4144 OF 2018 IN FIRST APPEAL NO.758 OF 2017 WITH CIVIL APPLICATION NO. 4145 OF 2018 IN FIRST APPEAL NO.757 OF 2017 .......

Mr. Vilas M. Humbe, Advocate for the applicants Mr. B. V. Virdhe, AGP for respondent - State Mr. S. D. Dhongade, Advocate for respondent No.1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 10 th APRIL, 2018 ORDER :

1.

Learned advocates for the parties refer to that entire award amount had been deposited in this court by the acquiring body and out of the same, earlier on, 75% of the amount was allowed to be withdrawn by the claimants. Thereafter, the matters were placed before Lokadalat and the matters have

{3} been settled before the Lokadalat and the first appeals have been disposed of as settled before Lokadalat. 2.

The parties have agreed upon letting withdrawal of certain amounts by the applicants and accordingly learned advocate for the applicant wants to cause amendment in the civil applications. 3.

In view of the same, leave to amend is granted. Upon amendment being carried out and if the same is in tune with the settlement arrived at before the Lokadalat, amount pursuant to settlement before Lokadalat be allowed to be withdrawn by the applicants and rest of the amount be refunded to the depositing authority.

4.

Civil applications, as such, stand disposed of. [SUNIL P. DESHMUKH, J.] drp/ca4726-18