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Bombay High CourtCA/6455/2022disposed off

Supadu Chaitram Koli And ORS v. The Ex. Engineer, Hatnoor Project Chopda Now Office At L.T.P.D. Amalner

2022-07-04Hon'Ble Shri Justice Anil L. Pansare2 pages

( 1 ) 50 ca 6455.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 50 CIVIL APPLICATION NO.6455 OF 2022 IN FA/3336/2021 WITH CA/13953/2021 IN FA/3336/2021 WITH CA/13954/2021 IN FA/3336/2021 SUPADU CHAITRAM KOLI AND ORS

VERSUS

THE EX. ENGINEER, HATNOOR PROJECT CHOPDA NOW OFFICE AT L.T.P.D. AMALNER ...

Advocate for Applicants : Mr. Waramaa B.R.

AGP for Respondents/State : Mrs. D.S. Jape Advocate for Respondents : Mr. S.S. Chillarge Advocate for Respondents : Mr. Vinod Patil for R/4 ...

CORAM : ANIL L. PANSARE, J.

DATE : 4th July, 2022 P.C.:- By present application the applicants are seeking withdrawal of amount deposited by respondent no.1-acquiring body. An amount of Rupees Twenty Five Lakhs has been deposited in this Court in terms of order dated 22.12.2021 passed by this Court in Civil Application No.13954/2021. The applicants and respondent no.4-herein, who were original claimants have tendered a Pursis today mentioning therein that they are bound by the compromise decree that has been passed on 29.09.2016 in Special Civil Suit No.24/2016. There were some issues in respect of calculating the share of the claimants and therefore by way of Pursis, the claimants have agreed that an

( 2 ) 50 ca 6455.22 amount of Rupees Fifteen Lakhs be paid to the applicants and Rupees Ten Lakhs be paid to respondent no.4.

2.

Learned advocate for respondent no.1 has no objection as according to him the distribution of amount is a matter to be decided by the claimants amongst themselves.

3.

In view of above, the application is allowed. Applicants may be permitted to withdraw an amount of Rupees Fifteen Lakhs and respondent no.4 may be permitted to withdraw Rupees Ten Lakhs on furnishing an undertaking to the satisfaction of the Registrar (Judicial). [ANIL L. PANSARE, J.] mub