The Ex. Engineer, Minor Irrigation Div. Osmanabad Thr Gmidc, Aurangabad v. Gokul Ramhari Khawale And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO. 10001 OF 2023 IN FAST/10596/2022 Bhagwat S/o Sopan Khawale (died) Thr Lrs. Sunita Bhagwat Khawale And Ors

VERSUS

The Exe. Engineer, Minor Irrigation Div., Osmanabad And Ors WITH CIVIL APPLICATION NO. 10316 OF 2022 IN FAST/10341/2022 WITH CIVIL APPLICATION NO. 10317 OF 2022 IN FAST/10341/2022 WITH CIVIL APPLICATION NO. 10318 OF 2022 IN FAST/10591/2022 WITH CIVIL APPLICATION NO. 10319 OF 2022 IN FAST/10591/2022 WITH CIVIL APPLICATION NO. 10320 OF 2022 IN FAST/10596/2022 WITH CIVIL APPLICATION NO. 10321 OF 2022 IN FAST/10596/2022 ...

Mr. Ganesh J. Kore, Advocate for Applicant.

Mr. M. C. Swami for Respondent No.1.

Mr. K. B. Jadhaver, AGP for Respondent-State. CORAM : KISHORE C. SANT, J.

DATE : 19th DECEMBER 2024

( 2 ) PC :- CIVIL APPLICATIONS FOR DELAY 1.

Heard the parties.

2.

For the reasons stated in the applications, applications are allowed. Delay stands condoned.

3.

Office to register First Appeal.

4.

Applications stand disposed off.

FIRST APPEALS 1.

Issue notice to the Respondents, returnable on 20th February 2025. 2.

Learned AGP waives service of notice for State and the Authorities. 3.

Learned Advocate Mr.Ganesh Pore waives service of notice for Respondent/claimant.

CIVIL APPLICATIONS FOR STAY .

Since the applicant has already deposited entire amount in the office of this Court as per impugned judgment and award, there shall be stay to the impugned judgment and award pending the appeal. 5.

With this, application stands disposed off.

( 3 ) CA/10001/2023 FOR WITHDRAWAL 1.

Heard the parties.

2.

The application is opposed by the learned Advocate for the appellant. However, since the order are already passed in similar applications, the following order:-

ORDER

(i) The applicants are permitted to withdraw 50% of the amount deposited in the office of this Court alongwith accrued interest on furnishing usual undertaking.

(ii) Further 25% of the amount is allowed to be withdrawn alongwith accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. (iii) Remaining amount be kept in Fixed Deposit in any nationalized bank till final disposal of the appeal.

(iv) With this, application stands disposed off.

APPEAL (ST) NO. 10596/2022 1.

The appellant to carry out amendment showing the legal heirs of

( 4 ) the deceased respondent on record within four weeks from today. [KISHORE C. SANT, J.]