Shivaji Mallikarjun Mulje (Died) Thr Lrs Shantabai And ANR v. The State Of Maharashtra And ANR

1 [938 - C.A. 98.2021 in F.A.. 2273.2016]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.98 OF 2021 IN FA/2273/2016 SHIVAJI MALLIKARJUN MULJE (DIED) THR LRS SHANTABAI AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ......

Mr. Nandgawale h/f Mr. V.G.Sakolkar, Advocate for Applicants.

Mr. P.M.Kulkarni, A.G.P. for R-1.

......

CORAM : V.L.ACHLIYA, J.

DATE : 20/01/2021 ......

ORAL ORDER :

1.

Heard learned counsel for applicants.

2.

Learned counsel for applicants seeks permission to withdraw the application with liberty to make application before the Reference Court for withdrawal of amount and further request that amount deposited with this Court be transferred to the Reference Court so as to disburse the amount in terms of Award passed by the Reference Court.

3.

Allowed to withdraw. The application is disposed of as withdrawn.

4.

In case if any amount is deposited with this Court, then same shall be transferred to Reference

2 [938 - C.A. 98.2021 in F.A.. 2273.2016] Court and to be treated as deposit made by the appellant/acquiring body towards satisfaction of Award in L.A.R. No. 67 of 2005 dated 30/01/2012 passed by the Civil Judge [Sr.Division], Nilanga, District Latur.

4.

The applicants are granted liberty to make an application before the Reference Court for withdrawal of amount if deposited or transferred. In case such application is made, the Reference Court is directed to decide the application on its own merit and pass appropriate order if satisfied that applicants are entitle to receive the amount of compensation. 5.

The application is disposed of as withdrawn.

[V.L.ACHLIYA] JUDGE KNP