Bombay High CourtCA/5483/2023admittedallowedgrantedrule absolute

Tukaram Savala Jarande (Died) Thr Lrs. Jambo @ Jambu Tukaram Jarande And ANR v. The State Of Maharashtra Through Collector, Osmanabad And Others

2023-08-01Hon'Ble Shri Justice Sandipkumar C. More8 pages

{1} CIVIL APPLICATION NO. 5479 OF 2023 IN FIRST APPEAL ST. NO. 9946 OF 2021 Bayaji Madhav Pawar (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. Abhiit S. More, advocate for the Applicants Mr. S. P. Tiwari, AGP for the Respondents No.1 & 2. Mr. C. T. Jadhav, advocate for Respondent No.3. The applicants are seeking permission to delete name of present applicant no.2 Shilabai Bayaji Pawar i.e. original respondent no.2 in the appeal, who admittedly died on 12.08.2021. It appears that her legal heirs are already on record in the form of the remaining applicants.

{2} As such, Civil Application is allowed in terms of prayer clause (B) and disposed of. Deletion be carried out forthwith.

{3} CIVIL APPLICATION NO. 5482 OF 2023 IN FIRST APPEAL ST. NO. 9960 OF 2021 Tukaram Savala Jarande (died) through L. Rs. & another Applicants

Versus

The State of Maharashtra & others Respondents Mr. Abhiit S. More, advocate for the Applicants Mr. S. P. Tiwari, AGP for the Respondents No.1 & 2. Mr. C. T. Jadhav, advocate for Respondent No.3. The applicants are seeking permission to delete name of present applicant no.1 Tukaram Savala Jarande i.e. original respondent no.1 in the appeal, who admittedly died on 22.08.2019. It appears that his legal heirs are already on record in the form of the remaining applicants.

{4} As such, Civil Application is allowed in terms of prayer clause (B) and disposed of. Deletion be carried out forthwith.

{5} CIVIL APPLICATION NO. 5476 OF 2023 IN FIRST APPEAL ST. NO. 9955 OF 2021 WITH CIVIL APPLICATION NO. 5477 OF 2023 IN FIRST APPEAL ST. NO. 9966 OF 2021 WITH CIVIL APPLICATION NO. 5481 OF 2023 IN FIRST APPEAL ST. NO. 9943 OF 2021 WITH CIVIL APPLICATION NO. 5480 OF 2023 IN FIRST APPEAL ST. NO. 9950 OF 2021 WITH CIVIL APPLICATION NO. 5484 OF 2023 IN FIRST APPEAL ST. NO. 9784 OF 2021 WITH CIVIL APPLICATION NO. 5478 OF 2023 IN FIRST APPEAL ST. NO. 9946 OF 2021 WITH CIVIL APPLICATION NO. 5483 OF 2023 IN FIRST APPEAL ST. NO. 9960 OF 2021 Mr. Abhiit S. More, advocate for the Applicants Mr. S. P. Tiwari, AGP for the Respondents No.1 & 2. Mr. C. T. Jadhav, advocate for Respondent No.3. I The respective applicants are seeking withdrawal

{6} of entire amounts of compensation, which have been deposited by the appellant-acquiring body. It appears that the appellant-acquiring body, in all these matters, have deposited only 50% of the total compensation amounts. This Court, vide order dated 30.06.2023, has already permitted the applicants in other connected matters, to withdraw entire deposited amounts which were either 50% or 60% of the total compensation amounts.

In view of the same, the applicants herein are permitted to withdraw entire deposited amounts, which are 50% of the total compensation amounts, along with the interest accrued thereon till date on furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. Civil Applications are disposed of.

{7} CIVIL APPLICATION NO. 6355 OF 2021 IN FIRST APPEAL ST. NO. 9784 OF 2021 WITH CIVIL APPLICATION NO. 6357 OF 2021 IN FIRST APPEAL ST. NO. 9943 OF 2021 WITH CIVIL APPLICATION NO. 6359 OF 2021 IN FIRST APPEAL ST. NO. 9946 OF 2021 WITH CIVIL APPLICATION NO. 6367 OF 2021 IN FIRST APPEAL ST. NO. 9950 OF 2021 WITH CIVIL APPLICATION NO. 6365 OF 2021 IN FIRST APPEAL ST. NO. 9955 OF 2021 WITH CIVIL APPLICATION NO. 6363 OF 2021 IN FIRST APPEAL ST. NO. 9960 OF 2021 WITH CIVIL APPLICATION NO. 6361 OF 2023 IN FIRST APPEAL ST. NO. 9966 OF 2021 Mr. C. T. Jadhav, advocate for the applicant. Mr. Abhiit S. More, advocate for Respondents-claimants. I The applicant-acquiring body is seeking condonation of delay of 409 days, in all these applications,

{8} which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the respondents-claimants.

Hence, by considering the statutory right of the applicant, delay of 409 days stands condoned. Appeals be placed for admission after removal of offce objections, if any.

Civil Applications are disposed of.