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Bombay High CourtCA/3849/2025admittedallowedgrantedrule absolute

Babasaheb Khandu Jawale v. The Executive Engineer Irrigation Divsion Osmanabad And ANR

2025-07-15Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:18586 {1} CA 3842 OF 2025 & ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 3842 OF 2025 IN FAST/29000/2022 Kakasaheb Khandu Jawale

VERSUS

The Executive Engineer Irrigation Division, Osmanabad and Another ...

WITH CIVIL APPLICATION NO. 3849 OF 2025 IN FAST/28952/2022 Babasaheb Khandu Jawale

VERSUS

The Executive Engineer Irrigation Division, Osmanabad and Another ....

Advocate for Applicants : Mr.Ramesh Vitthal Naiknavare Advocate for Respondent no.1 : Ms.Ranjana D.Reddy AGP for Respondent no.2 : Mrs.D.S.Jape ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 15 JULY, 2025 PER COURT :- 1.

Both these applications are for withdrawal of amount deposited by the Acquiring Body towards compensation. 2.

It is not in dispute that, applicants have already withdrawn 50% amount of compensation deposited by the Acquiring Body. Learned counsel for applicants seeks permission to withdraw remaining amount of compensation.

{2} CA 3842 OF 2025 & ANR 3.

Learned counsel for respondent no.1 - Acquiring Body objected for withdrawal of the remaining amount.

4.

For the reasons stated in the applications, the applications are partly allowed by permitting applicants to withdraw 25% of the remaining amount of compensation along with proportionate interest thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial).

5.

Civil Applications are disposed of.

( ABHAY S. WAGHWASE ) JUDGE SPT