Bhagwan Rama Kokane Died Thr Lrs Kusum Bhagawan Kokane And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ANR

{1} 11-ca7208.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7208 OF 2023 IN FIRST APPEAL ST. NO. 24117 OF 2021 Bhagwan Rama Kokane (died) through L.Rs Applicants

Versus

The Executive Engineer, Minor Irrigation Division, Osmanabad and another Respondents Mr. S. A. Wakure, advocate for the Applicants Mr. P. G. Rodge, advocate for Respondent No.1. Mr. B. V. Virdhe, AGP for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 19th June, 2023.

PC :

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the appellant-acquiring body. However, under order dated 10.01.2023, this Court, in other connected matters, has granted withdrawal of 75% of the compensation amounts to the applicants therein.

In view of the same, the applicants herein are

{2} 11-ca7208.21.odt permitted to withdraw 75% of the deposited amount along with proportionate interest accrued thereon i.e. 50% on usual undertaking and 25% on furnishing solvent surety/security/bank guarantee to the satisfaction of Registrar (J) of this Court. The remaining amount of 25% be invested in FDR, in any Nationalised Bank, on yearly renewal basis, till fnal disposal of this appeal.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb