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Bombay High CourtCA/5386/2024admittedallowedgrantedrule absolute

Vithalrao Kashiram Patil Died Thr Lrs Janardhan Vithalrao Patil And ORS v. The State Of Maharashtra, Thr Collector And The Special Land Acquisition Officer, Latur And ANR

2024-11-28Hon'Ble Shri Justice Kishore C. Sant3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 80 CIVIL APPLICATION NO. 12451 OF 2024 IN FA/557/2024 AND CIVIL APPLICATION NO. 5386 OF 2024 IN FA/557/2024 VITHALRAO KASHIRAM PATIL DIED THR LRS JANARDHAN VITHALRAO PATIL AND ORS ....Applicant

VERSUS

THE STATE OF MAHARASHTRA, THR THE COLLECTOR, LATUR AND THE S.L.A.O., LATUR AND ANR .....Respondent Mr. S. S. Chillarge, Advocate for the applicant Mr. P. D. Patil, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 28th NOVEMBER, 2024 P. C.

LRs 1.

This application is for bringing on record the legal heirs of the applicant Gopalrao Patil who died on 19-04-2024. 2.

There is delay of 77 days caused in filing this

(2) application.

3.

For the reasons stated in the application, the application stands allowed by condoning the delay. 4.

The legal heirs i.e. 1C-1 to 1C-4 be shown as legal heirs of the deceased in the cause title of the appeal and other application.

5.

The application stands disposed off.

WITHDRAWAL 1.

Heard the parties.

2.

This application is for withdrawal of the amount. 3.

This court in companion matters has already allowed the applicants therein to withdraw some amount by order dated 13-06-2024.

(3) 4.

This order could not be passed in this application, as applicant Gopalrao Patil had expired by that time. 5.

In view of the same, following order:-

ORDER

a] The application stands allowed.

b] The applicants are permitted to withdraw 75% of the amount deposited in the office of this court alongwith accrued interest on furnishing usual undertaking.

c] Further 25% of the amount is allowed to withdraw on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. Remaining amount be kept in a fixed deposit in any nationalized bank till pending the appeal.

[KISHORE C. SANT, J.] VishalK/80ca12451.24