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Bombay High CourtCA/8244/2021admittedallowedgrantedrule absolute

The Ex. Engineer, Seena Kolegaon Project Paranda Div. Paranda And ORS v. Ajinath Dashrath Godase (Died) Thr Lrs Dilip And ORS

2023-08-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 954 CA-5737.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.5737 OF 2023 IN FA/2776/2021 WITH CA/8244/2021 IN FA/2776/2021 AJINATH DASHRATH GODASE (DIED) THROUGH LRS DILIP AND OTHERS

VERSUS

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

Mr. Madhav Jadhav, Advocate holding for Mr. Abhijit More, Advocate for the applicants.

Mr. R.D. Sanap, A.G.P. for respondent State.

Mr. D.R. Jethliya, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

09.08.2023.

ORDER:- IN CIVIL APPLICATION NO. 5737 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the Acquiring Body alongwith the interest accrued thereon. It appears that the Acquiring Body has deposited only 75% of the compensation amount.

3.

This Court, vide order dated 24.03.2023 passed in other connected matters, has already permitted the applicants therein to withdraw 75% of the total compensation amount. In view of the same, the present applicants are also permitted to

(2) 954 CA-5737.2023.odt withdraw entire deposited 75% compensation amount alongwith the interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4.

The civil application is accordingly disposed of. IN CIVIL APPLICATION NO. 8244 OF 2021 :

.

Since the appellant Acquiring Body has deposited the amount of compensation as directed by this Court, the application is made absolute in terms of prayer clause (A) and disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde