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Bombay High CourtCA/5833/2019disposed offdismissed for default

Ganpat Deorao Solunke (Died) Lrs Kishan Ganpatrao Solunke And ORS v. Ex. Engineer, Medium Project Division, Latur And ANR

2019-09-13Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

984 (i)ca-5833-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 984 CIVIL APPLICATION NO.5833 OF 2019 IN FA/1619/2013 GANPAT DEORAO SOLUNKE (DIED) LRS KISHAN GANPATRAO SOLUNKE AND ORS

VERSUS

EX. ENGINEER, MEDIUM PROJECT DIVISION, LATUR AND ANR ...

Advocate for Applicants : Mr. Bhavthankar Vivek Vasantrao AGP for Respondents/State : Mr. S.P. Deshmukh Advocate for Respondent No.1 : Mr. S.C. Arora ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 13th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed by the original claimants for withdrawal of the amount. Amount of Rs. 9,69,032/-has been deposited in the present matter. Learned Advocate for the original appellants objects to the application on the ground that the appeal has been filed challenging the quantum.

2.

Taking into consideration the fact that the land of the present applicants has been acquired, definitely, case is made out for partial withdrawal of the amount.

984 (i)ca-5833-19.doc 3.

The applicants are entitled to withdraw 50% of the amount deposited in this Court subject to filing an undertaking within a period of eight weeks that they would make the said amount good, if directed at the time of final disposal of the appeal.

4.

Civil Application stands disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM