Ex. Engineer, Irrigation Project Strengthening Div. Omerga Thr M.K.V.D.C. Pune And ORS v. Mallikrjun Appanna Manale And ORS

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908-ca-7237-23 ..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.7237 OF 2023 IN FA/2310/2019 WITH CA/7255/2023 IN FA/2309/2019 WITH CA/7254/2023 IN FA/2308/2019 WITH CA/7238/2023 IN FA/2310/2019 WITH CA/8223/2018 IN FA/2310/2019 MALLIKRJUN APPANNA MANALE (DIED) THR LRS. SHANTABAI MALLIKARJUN MANALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr. Patil Laxmikant C. AGP for Respondent/s - State : Mr. S. P.

Tiwari Advocate for Respondent No.3 : Mr. Sujeet G. Karlekar and Mr.Avishkar S. Shelke ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 23.06.2023 PER COURT :

A) ORDER IN CIVIL APPLICATION NO. 7238 OF 2023 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring legal representatives of respondent Nos.1 Mallikarjun Appanna Manale and respondent No. 4 - Tanabai @ Champabai Chanbasappa Manale who respectively died on 24.05.2017 and 19.05.2019 by condoning the respective delay periods of 2068 and 1343 days. 3.

There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clause-B and C.

4.

The appellant - Acquiring Body is directed to carry out the

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908-ca-7237-23 ..

amendment forthwith. Application is accordingly disposed of. ....

B) ORDER IN CIVIL APPLICATION NOS. 7237/2023, 7255/2023 AND 7254/2023 :

1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their amounts of compensation, which have been deposited by the acquiring body along with the interest accrued thereon in all these applications.

3.

This Court vide order dated 12.04.2023 in other connected matters has permitted the applicants therein to withdraw only 75 % of the deposited amounts. In view of the same the applicants herein are permitted to withdraw the 75% of the total compensation amounts along with the proportionate interest accrued thereon till date i.e. 50% on usual undertaking and 25 % on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this court and remaining 25% amount shall be invested in F.D.R. in any Nationalized Bank on yearly renewal basis till final of these appeals. 4.

The civil applications are accordingly disposed of. ....

C) ORDER IN CIVIL APPLICATION NO. 8223/2018 .

Since the appellant - acquiring body has deposited amount of compensation as directed by this Court, the application is made absolute in terms of prayer clause-B and disposed of. (SANDIPKUMAR C. MORE) JUDGE .....

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