Annasaheb Madhavrao Jadhav v. The Executive Engineer Construction Division Central Railway Officer Dist. Latur And Another

2025:BHC-AUG:11454 1 15 ca 822.25 with 16 and 17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 822 OF 2025 IN FIRST APPEAL NO. 1544 OF 2011 Prabhu Motiram Mali .. Applicant

Versus

The Executive Engineer Construction Division Central Railway Officer Dist Latur and another .. Respondents Shri Sandeep C. Swami, Advocate for the Applicant. Shri A. D. Soman, Advocate h/f Shri D. V. Soman, Advocate for the Respondent No. 1.

Mrs. Ashlesha S. Deshmukh, A.G.P. for the Respondent No. 2. AND CIVIL APPLICATION NO. 823 OF 2025 IN FIRST APPEAL NO. 1542 OF 2011 Annasaheb Madhavrao Jadhav .. Applicant

Versus

The Executive Engineer Construction Division Central Railway Officer Dist Latur and another .. Respondents Shri Sandeep C. Swami, Advocate for the Applicant. Shri A. D. Soman, Advocate h/f Shri D. V. Soman, Advocate for the Respondent No. 1.

Shri K. K. Naik, A.G.P. for the Respondent No. 2. AND CIVIL APPLICATION NO. 824 OF 2025 IN FIRST APPEAL NO. 1541 OF 2011 Govind Ramrao Jadhav .. Applicant

2 15 ca 822.25 with 16 and 17

Versus

The Executive Engineer Construction Division Central Railway Officer Dist Latur and another .. Respondents Shri Sandeep C. Swami, Advocate for the Applicant. Shri A. D. Soman, Advocate h/f Shri D. V. Soman, Advocate for the Respondent No. 1.

Shri S. S. Dande, A.G.P. for the Respondent No. 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 21ST APRIL, 2025.

FINAL ORDER :

.

These civil applications are for permission to withdraw the amount deposited by the respondent No. 1/acquiring body. 2.

First appeals are preferred by the acquiring body against the judgment and award passed by the Reference Court. Amounts were deposited by the acquiring body in pursuance of orders of conditional stay.

3.

Applicants are praying for permission to withdraw the amount. First appeals are not likely to be decided finally immediately.

4.

Considering the reasons stated in the civil applications, I am inclined to allow the civil applications.

5.

Civil applications are allowed in terms for prayer clause "B" on condition of furnishing an undertaking by the applicants

3 15 ca 822.25 with 16 and 17 before this Court that in the event appeals are allowed and applicants are directed to deposit the amount, they would redeposit the same immediately. The civil applications are disposed of.

[ SHAILESH P. BRAHME J. ] bsb/April 25