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Bombay High CourtCA/5569/2023disposed off

Narshing Vinayakrao Jagtap (Died) Thr Lrs. Suresh Narsingrao Jagtap And ORS v. The Ex. Engineer, Seena Kolegaon Project At Paranda And ORS

2023-04-25Hon'Ble Shri Justice Sandipkumar C. More4 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5569 OF 2023 IN FIRST APPEAL NO. 1704 OF 2021 Narshing Vinayakrao Jagtap (died) through L. Rs.

Applicants

Versus

The Executive Engineer, Seena Kolegaon Project at Paranda and others Respondents Mr. V. V. Ingale, advocate for the Applicants Mr. R. A. Tambe, advocate for Respondent No.1. Mr. S. W. Munde, AGP for Respondents No. 2 & 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 25th April, 2023.

PC :

Heard rival submissions.

The applicants are seeking permission to bring legal representatives of Respondent No.1- claimant Narshing Vinayakrao Jagtap in the appeal by condoning delay of 1501 days. Admittedly, Narshing Jagtap died on 17.11.2018 and considering right to defend, his legal heirs are to be brought on record.

As such, Civil Application stands allowed in terms

{2} of prayer clauses {A} and {B}. The acquiring body to carry out the amendment forthwith.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5568 OF 2023 IN FIRST APPEAL NO. 1704 OF 2021 Narshing Vinayakrao Jagtap (died) through L. Rs.

Applicants

Versus

The Executive Engineer, Seena Kolegaon Project at Paranda and others Respondents Mr. V. V. Ingale, advocate for the Applicants Mr. R. A. Tambe, advocate for Respondent No.1. Mr. S. W. Munde, AGP for Respondents No. 2 & 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 25th April, 2023.

PC :

The applicants are seeking withdrawal of entire amount of compensation which has been deposited by the acquiring body. It appears that the appellant-acquiring body has deposited only 50% of the compensation amount, as directed by this Court.

This Court, vide order dated 05th January, 2023, in connected matters, has already permitted the applicants therein to withdraw entire 50% deposited amount.

{4} As such, the applicants are permitted to withdraw entire 50% deposited amount along with interest accrued thereon by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb