The Executive Engineer, Minor Irrigation Division, Osmanabad v. Yamunabai Vyankat Gund And ORS

1 11001.2018.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

921 CIVIL APPLICATION NO. 11001 OF 2018 IN FAST/12081/2016 WITH CA/8544/2018 IN FAST/12078/2016 CA/8545/2018 IN FAST/12087/2016 CA/8546/2018 IN FAST/12075/2016 CA/8856/2018 IN FAST/12063/2016 GANDHARIBAI VITHAL KAREKAR AND ANR ..Applicants

VERSUS

THE EX. ENGINEER, OSMANABAD MINOR IRRIGATION DIV. OSMANABAD AND ORS ..Respondents ...

Shri N.R. Pawade, Advocate, h/f. Shri L.C. Patil, Advocate for Applicants;

Shri P.S. Patil, Advocate for Respondent No.1; Shri A.M. Phule, AGP for the Respondents - State. ...

CORAM : P.R. BORA, J.

Dated: October 05, 2018 PER COURT :

1.

Heard the learned Counsel appearing for the respective parties. In view of the submissions made, the following order is passed.

ORDER

(i) The applications are partly allowed.

(ii) The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking to the

2 11001.2018.CA.doc satisfaction of the Registrar of this Court.

(iii) The applicants are also permitted to withdraw further 25% amount on submitting solvent surety / security in the like amount.

(iv) Balance 25% amount be invested in Fixed Deposit Receipt in any nationalized Bank for the period till disposal of the appeal.

(v) Civil Applications for withdrawal of amount stand disposed of.

( P.R. BORA, J. ) ggp