Bombay High CourtFA/1448/2018disposed offdismissed for default

Exe. Engineer, Osmanabad Medium Project,Osmanabad Now K.M.C.D. No.1,Osmanabad Under Gmidc And ORS v. Pralhad Babasaheb Samudre And ORS

2018-04-22Shri Justice J P Devadhar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 FIRST APPEAL NO.1356 OF 2018 MALANBAI NARAYAN SHINDE 909 FIRST APPEAL NO.1359 OF 2018 SHIVLING RAMLING SHETE DIED THROUGH L.Rs.

NAVNATH & ANOTHER Advocate for respondent no.1 : Mr.S.A.Wakure 910 FIRST APPEAL NO.1367 OF 2018 OSMANABAD NOW K.M.C.D. NO.1, OSMANABAD UNDER SUBHASH RAMRAO SHITOLE & OTHERS Advocate for Respondent nos.1 and 3 : Mr.S.A.Wakure

911 FIRST APPEAL NO.1407 OF 2018 NAGNATH VISHWANATH SAMUDRE & OTHERS Advocate for Respondent nos.1 to 5 : Mr.S.A.Wakure AGP for respondent - State : Mr.P.M.Kulkarni 912 FIRST APPEAL NO.1441 OF 2018 VISHWANATH BANKAT SAMUDRE AGP for Respondent-Sate : Mr.S.S.Dande 913 FIRST APPEAL NO.1444 OF 2018 ANNA BABURAO SMUDRE

914 FIRST APPEAL NO.1447 OF 2018 RUDRAPPA DATTU BIDVE & OTHERS Advocate for Respondent nos.1 to 3 : Mr.S.A.Wakure AGP for respondent-State : Mr.P.M.Kulkarni 915 FIRST APPEAL NO.1448 OF 2018 PRALHAD BABASAHEB SAMUDRE & OTHERS AGP for respondent-State : Mr.S.S.Dande CORAM : S.G.DIGE, J.

DATE : 16.09.2022 P.C. :

1] Heard the learned counsel for the appellants and learned counsel for the respondents.

2] Both learned counsel tendered joint pursis. Both learned counsel submit that these appeals are settled before the Lok Adalat. The award amount is deposited by the

acquiring body, is lying before this Court. Hence, the original claimants be permitted to withdraw the deposited amount.

3] The learned counsel for the respondent - original claimants submits that some of the claimants are died during pendency of the appeals, hence, their legal heirs be permitted to withdraw the amount.

4] The Executing Court shall verify heirship of the deceased claimants and permitted them to withdraw the amount.

5] The learned counsel for the acquiring body submits that the original claimants have waived the interest for 6 months period. That amount may be refunded to the acquiring body.

6] The interest of 6 months be refunded to the acquiring body.

7] The amount deposited before this Court be transferred to the Reference Court / Executing Court, Osmanabad.

[S.G.DIGE] JUDGE DDC