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Bombay High CourtCA/4144/2025admittedallowedgrantedrule absolute

Dayanand Babu Patil Died Thr Lrs Vilas Dayanand Patil And ORS v. Ex. Engineer, Irrigation Project Majbutikaran Project Omerga Under M.K.K.V.D.C., Pune And ORS

2025-08-11Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:21755 25-CA-4143-2025+ -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 4143 OF 2025 IN FAST/23305/2020 WITH CIVIL APPLICATION NO. 4144 OF 2025 IN FAST/23305/2020 DAYANAND S/O BABU PATIL (DIED), THROUGH ITS LEGAL REPRESENTATIVES

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Santosh N. Patne Advocate for Respondent No.1 : Mr. A. H. Koralkar AGP for Respondent Nos. 2 and 3 : Mrs. D. S. Jape ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

11 AUGUST 2025 PER COURT :- CIVIL APPLICATION NO. 4143 OF 2025 1.

This application is filed seeking leave to bring legal representatives of deceased applicant-original claimant, who is respondent-sole in the First Appeal. The other side has no objection for the same.

2.

In view of the above, and for the reasons mentioned in the application, the same is allowed in terms of prayer clauses "B", "C" and "D".

3.

The appellant-acquiring body to carry out amend forthwith. 4.

The application is accordingly disposed off.

25-CA-4143-2025+ -2CIVIL APPLICATION NO. 4144 OF 2025 1.

Heard rival submissions.

2.

Vide this application, the applicants-original claimants are seeking withdrawal of the entire amount deposited by the acquiring body in this Court along with interest accrued thereon. It appears that the appellant-acquiring body has deposited entire compensation amount.

3.

Vide order dated 14.09.2021, this Court in other connected matters, has already permitted the applicants therein to withdraw 75% of the total compensation amounts. In view of the same, the present applicants are permitted to withdraw 75% of the total compensation amount deposited in this Court, i.e. 50% on usual undertaking and 25% on furnishing solvent security/security, along with accrued interest thereon, to the satisfaction of the Registrar (Judicial) of this Court.

4.

The Civil Application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] vre