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Bombay High CourtCA/11382/2019disposed offdismissed for default

Kisan Ganu Pawar (Died) Thr Lrs Hirkanabai And ORS v. The Executive Engineer Minor Irrigation Division, Osmanabad And ORS

2019-09-20Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1048-ca-11382-19 (withdrawal).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1048 CIVIL APPLICATION NO.11382 OF 2019 IN FA/4596/2017 KISAN GANU PAWAR (DIED) THR LRS HIRKANABAI AND ORS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, OSMANABAD AND ORS ...

Advocate for Applicants : Mr. Ingale Vivekanand V. AGP for Respondents/State : Mr. S.P. Deshmukh Advocate for respondent No.1 : Mr. U.P. Giri h/f Mr. S.G. Sangle ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 20th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed for withdrawal of the amount. The acquiring body has filed appeal challenging the quantum including the rate of interest, period of interest, compensation for trees etc. Under such circumstance, definitely, case is made out for partial withdrawal of the amount. When the lands belonging to the applicants have been acquired. Hence, applicants are allowed to withdraw 50% of the amount deposited and it be distributed between them equally.

1048-ca-11382-19 (withdrawal).doc 2.

Applicants shall file an undertaking within a period of eight weeks that they would make the said amount good, if directed at the time of final disposal of the appeal.

3.

Civil Application stands disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM