Bombay High CourtCA/9183/2023delay condonatedrejected

Yashodabai Ajinath Manjare v. The State Of Maharashtra, Through The Collector, Osmanabad And Others

2023-10-20Hon'Ble Shri Justice Arun R. Pedneker3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.9183 OF 2023 IN FAST/11243/2021 WITH CA/12940/2021 IN FAST/11243/2021 WITH CA/12941/2021 IN FAST/11243/2021 YASHODABAI AJINATH MANJARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr.M.K.Jadhav h/f. Mr.A.S.More AGP for Respondent-State : Ms.R.P.Gaur Advocate for Respondent no.3 : Mr.M.S.Kulkarni ...

CORAM :ARUN R. PEDNEKER, J.

DATE :20.10.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 1] The present Civil Application is filed for withdrawal of the amount.

The learned counsel for the applicant has produced the order dated 28.04.2023 passed in Civil Application No.4157 of 2023 in First Appeal No.614 of 2022 along with connected matters wherein this Court has permitted to withdraw 75% of the entire compensation amount along with interest accrued thereon.

3] In view of the same, the present applicant is permitted to withdraw 75% of the entire amount of compensation, deposited in this Court, along with the interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR DELAY 1] The present Civil Application is filed to condone the delay of 256 days in filing the Appeal.

For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Civil Application is disposed of accordingly.

C] ORDER IN CIVIL APPLICATION FOR STAY Since the applicant - Acquiring body has deposited entire award amount in this Court, the interim stay granted by this Court stands confirmed. Civil Applications are disposed of accordingly.

D] ORDER IN FIRST APPEAL 1] First Appeal is admitted.

On admission, the learned AGP waives notice for respondent nos.2 and 3. Mr.A.S.More, learned counsel waives notice for respondent no.1.

3] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC