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Bombay High CourtCA/4537/2021delay condonatedrejected

Riyaj Ahmad Nursha Fakir v. The State Of Maharashtra, Through- The Collector, Osmanabad And Others

2021-07-09Hon'Ble Shri Justice R. G. Avachat2 pages

1 983(b)-CA-5876-2021+.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5876 OF 2021 IN FIRST APPEAL STAMP NO. 5641 OF 2019 Dagadu Manikrao Sangve ... Applicant

Versus

The State of Maharashtra and others ... Respondents ....

Mr. Santosh N. Patne, Advocate for the applicant Mr. S. S. Dande, AGP for the State ....

AND CIVIL APPLICATION NO. 4537 OF 2021 IN FIRST APPEAL STAMP NO. 5638 OF 2019 Riyaj Ahmed Nursha Fakir ... Applicant

Versus

The State of Maharashtra and others ... Respondents ....

Mr. B. K. Pawar, Advocate for the applicant Mr. S. S. Dande, AGP for the State ....

CIVIL APPLICATION NO. 4529 OF 2021 IN FIRST APPEAL STAMP NO. 5635 OF 2019 Sunita Namdeo Pawar ... Applicant

Versus

The State of Maharashtra and others ... Respondents ....

Mr. B. K. Pawar, Advocate for the applicant Mr. S. S. Dande, AGP for the State ....

2 983(b)-CA-5876-2021+.doc CORAM : R. G. AVACHAT, J.

DATED : 09th JULY, 2021 PER COURT :- .

These are the applications for withdrawal of the amount of compensation awarded on account of acquisition of the land of the applicants.

2.

Heard. Perused the impugned award.

3.

The parties are at ad idem to pass the order similar to one passed by this Court (Coram: Anil S. Kilor, J.) on 01.04.2021 in Civil Application No.1111 of 2021 in First Appeal Stamp No.5658 of 2019 and connected matters.

4.

In view of above, the applicants are permitted to withdraw 50% of the total decretal amount deposited in this Court on furnishing undertaking to the effect that in the event the decision in first appeal/s goes adverse to their interest, they would re-deposit the amount in this Court within the stipulated period. 5.

The civil applications are disposed of.

[ R. G. AVACHAT, J. ] SMS