Dagdusing Ramsing Bayas Died Thr Lrs Nilawati D Bayas And ORS v. The Executive Engineer, Latur Mid, Under Gmidc, Aurangabad And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7800 OF 2023 IN FIRST APPEAL NO. 1337 OF 2021 Dagdusing Ramsing Bayas (died) through L.Rs. & others Applicants

Versus

The Executive Engineer, Latur MID under GMIDC, Aurangabad & others Respondents Mr. N. D. Kendre, advocate for the applicants Mr. B. R. Surwase, advocate for Respondent No.1. Mr. B. V. Virdhe, AGP for Respondents No.2 & 3 CORAM : SANDIPKUMAR C. MORE, J.

DATE : 19th July, 2023.

PC :

Heard learned Counsel for the applicants.

It appears that the applicants have fled this application for withdrawal of the amount, which is deposited by the acquiring body. However, the same is deposited for all the applicants but some of the applicants are not ready to receive the amount in equal share.

There is no apportionment done by the learned Reference Court and, therefore, unless all the applicants are ready to accept the

{2} 928-ca780023.odt compensation in equal shares, the withdrawal, as directed, cannot be permitted to only some of the applicants. As such, Civil Application stands disposed of. (SANDIPKUMAR C. MORE) JUDGE adb