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Bombay High CourtFA/3131/2018disposed offdismissed for default

The Ex. Engineer, Latur Medium Project Div. Latur Now Ex. Engineer, L.T.C.D. No 2 Latur And ORS v. Babu Gundappa Tambulkar (Died) Thr Lrs Sudevi And ORS

2019-09-14Shri Justice J P Devadhar2 pages

1 sr. 150 .odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE ANIL S. KILOR, HELD ON 14TH SEPTEMBER, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 150 FIRST APPEAL NO.3129 OF 2018 WITH FA/3131/2018 THE EX. ENGINEER, LATUR MEDIUM PROJECT DIV. LATUR NOW EX. ENGINEER, L.T.C.D. NO 2

VERSUS

SUKHAWANT SHAHAJIRAO RANDALE (DIED) THR LRS MINAKSHI AND ORS ...

Advocate for Appellants : Smt. Ranjana D. Reddy AGP for Respondent-State : Mr. A. M. Phule & Mr. S. P. Sonpawale Advocate for Respondents : Mr. D. N. Gilche ...

ORDER:

1.

These are the first appeals filed by Acquiring Body namely, Executive Engineer Latur Medium Project Division, Latur, now Executive Engineer L.T.C.D.No.2. The Acquiring Body is represented today by learned Advocate Smt. Ranjana D. Reddy along with Shri Vishnupant Jewalikar, Executive Engineer, Lower Terna, Canal Division No.2, Latur and Mr. A. M. Phule & Mr. S. P. Sonpawale, learned AGP for the State.

2.

The acquiring body after verification and necessary calculations has made statement that the decreetal amount granted by reference Court is well within the parameters fixed under the Government Resolution dated 3rd November, 2016 and Corrigendum issued in respect of the said Government Resolution, and therefore, the acquiring body is ready to accept the award

2 sr. 150 .odt passed by the Reference Court in the References filed by the respondent/claimants under Section 18 of the Act, 1894. Accordingly, the first appeals are disposed of by accepting statement of the acquiring body. The decreetal amount has already received and withdrawn by respondents/claimants. Therefore, there is no need to pass any order in respect of the payment of decreetal amount. The statement of receipt of payment by the respondents/claimants is not disputed by the learned counsel for the respondents/claimants through Advocate Mr. D. N. Gilche. The said statement about the payment is accepted.

3.

The first appeals are disposed of. No order as to costs. 4.

The court fee if any paid in the respective first appeals, shall be refunded back according to rules. If there is any civil application/applications pending, the same stand/s disposed of. Sd./- Sd./- Sd./- (K. C. Sant) (A.T.A.K. Shaikh) (Anil S. Kilor, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.09.2019 Place: Aurangabad mta/