Rameshwar Sampatrao Mirge v. The Executive Engineer, Lower Dudhana Project Selu, Now Exe Engineer, Jalna Irrigation Dept. And Or

C.A.No.9042/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9042 OF 2016 IN FA/866/2016 PARUBAI MADHUKAR MIRGE

VERSUS

THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT SELU, NOW EXE ENGINEER, JALNA IRRIGATION DEPTT. JALNA AND ORS. WITH CIVIL APPLICATION NO. 9044 OF 2016 IN FA/865/2016 RAMESHWAR SAMPATRAO MIRGE

VERSUS

THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT SELU, NOW EXE ENGINEER, JALNA IRRIGATION DEPTT. JALNA ANR ORS. Mr D.M. Kakade, Advocate for applicants Mr S.G. Bhalerao, Advocate for respondent No.1 Mr S.N. Morampalle, A.G.P. for respondent No.2 in C.A.No.9042/2016 and Mr K.N. Lokhande, A.G.P. for respondent No.2 in C.A.No.9044/2016 CORAM : V.K. JADHAV, J.

DATE : 15th July 2016 PER COURT 1.

Learned Counsel for the applicants submits that the applicants from the same group are permitted to withdraw the amount with certain conditions.

2.

In view of this, even though the learned Counsel appearing for acquiring body has opposed the applications, the applicants are permitted to withdraw the amount in the same manner, as per the order below :

3.

The applicants are permitted to withdraw 75% of the amount deposited before this Court subject to furnishing undertaking to the

C.A.No.9042/2016 satisfaction of Registrar (Judicial) of this Court. Remaining 25% amount shall be kept in any nationalised Bank till disposal of the appeal.

4.

Civil Applications are partly allowed accordingly. ( V.K. JADHAV, J.) vvr