Balbhim Baburao Sherkar Prabhuling Balbhim Sherkar And ORS v. The State Of Maharashtra Thr. Collector Osmanabad And ANR

2024:BHC-AUG:10164 4605.24CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 4605 OF 2024 IN FA/1834/2008 BALBHIM BABURAO SHERKAR PRABHULING BALBHIM SHERKAR AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ANR ...

Advocate for Applicants : Adv.V.V.Ingale AGP for the respondent-State : Adv.K.R.Jamdhade ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.05.2024 P.C. :

1] The learned counsel for the applicants submits that by order dated 7th February, 2024, this Court has dismissed the appeal filed by the State and Cross Objections filed by the applicants-claimants is allowed. The learned counsel for the applicants further submits that the State has deposited the amount and in view of the dismissal of the First Appeal filed by the State, the applicants are entitled to withdraw the amount deposited by the State in this Court. The learned counsel for the applicants further submits that the applicants have already withdrawn 50% amount on undertaking.

4605.24CA 2] In view of dismissal of the First Appeal filed by the State, the applicants are permitted to withdraw the balance amount along with accrued interest thereon as directed by the Reference Court in equal proportion subject to furnish undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Application is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC