Vithal Patibuwa Akhade Died Thr Lrs Kamalbai V. Akhade And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ANR

2024:BHC-AUG:2048 23-CA-7211-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 7211 OF 2023 IN FAST/24160/2021 RAMBHAU KONDIBA AKHADE DIED THR LRS SUMAN RAMBHAU AKHADE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND ANOTHER ...

24 CIVIL APPLICATION NO. 7390 OF 2023 IN FAST/24066/2021 VITHAL PATIBUWA AKHADE DIED THR LRS KAMALBAI V. AKHADE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND ANOTHER ...

Advocate for Applicants : Mr. Sanjay A. Wakure AGP for Respondent No.2 : Mr. A. S. Shinde ...

CORAM : S. G. MEHARE, J.

DATE : 25-01-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned A.G.P. for the respondent No.2.

2.

In the similarly situated matters, this Court, by order dated 10.01.2023, permitted the applicants/claimants to withdraw 75% of their respective share from deposited amounts, on certain conditions. Hence, the order;

i) The applications are allowed.

23-CA-7211-23.odt ii) The applicants are permitted to withdraw 75% of their respective shares from deposited amounts along with accrued interest thereon, (a) Out of it, 50% amount be released on usual undertaking that they will deposit the amount, if the judgment and award impugned are reversed, (b) 25% amount be released on furnishing solvent surety / security in the like amount, and (c) Remaining balance 25% amount be invested in the fixed deposit in any of Nationalized Banks on yearly renewal basis, as per rules, till the final conclusion of the appeals.

iii) The applications are accordingly disposed of. ( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 16:32:34