Jaggnath Kashinath Dhokale Died Thr Lrs Pramila J. Dhokale @ Draupadi Bhanudas Surwase And ANR v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6771 OF 2023 IN FIRST APPEAL NO. 795 OF 2020 Jaggnath Kashinath Dhokale (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. L. C. Patil, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondent No.1.

Mr. A. M. Gaikwad, advocate for Respondent No.2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th June, 2023.

PC :

Heard rival submissions.

The applicants are seeking permission to bring themselves on record, being the legal representatives of Respondent -sole claimant Jaggnath Kashinath Dhokale in the appeal by condoning delay of 311 days. Admittedly, Jaggnath had died on 18.04.2019 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 {B} and {C}. The appellant-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. 6770 OF 2023 IN FIRST APPEAL NO. 795 OF 2020 Jaggnath Kashinath Dhokale (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. L. C. Patil, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondent No.1.

Mr. A. M. Gaikwad, advocate for Respondent No.2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th June, 2023.

PC :

Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-acquiring body.

This Court, in other similar matters, vide order dated 28.04.2022, has already permitted the applicants therein to withdraw 75% of the compensation amounts. In view of the same, the applicants herein are

{4} permitted to withdraw 75% amount of compensation along with the proportionate interest accrued thereon till date on furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The remaining amount be kept in FDR, in any Nationalised Bank on yearly renewal basis till disposal of these appeals.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb