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Bombay High CourtCA/5700/2020disposed off

Bhika Sitaram Kumawat v. The Executive Engineer, N.M.C.Division, Vaijaapur And ORS

2020-12-11Hon'Ble Shri Justice V.L. Achliya2 pages

5700.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.5700 OF 2020 IN FA/201/2018 BHIKA SITARAM KUMAWAT

VERSUS

THE EXECUTIVE ENGINEER, N.M.C.DIVISION, VAIJAPUR AND ORS ...

Mr.A.M. Hajare, Advocate for applicant Mr.P.M. Kulkarni, AGP for respondent-State.

...

CORAM : V.L.ACHLIYA,J.

DATE : 11.12.2020 ORAL ORDER :

.

Learned counsel for the applicant undertakes to remove office objection by depositing the deficit court fees and printing charges within two weeks from today. 2.

The applicant-original claimant moved this application seeking permission to withdraw the amount deposited with the Court in view of order of disposal of appeal passed by this Court (Coram : Mangesh S. Patil, J) in First Appeal No.201/2018 dated 21.11.2019, which reads as under :- "1.

The learned counsel for the original claimants and the learned advocate for the acquiring body which has preferred this

5700.20CA.odt appeal unanimously submit that, in fact, about 58 appeals preferred by the Acquiring Body which pertain to the same award have been disposed of amicably in Lokadalat by the order dt. 14.07.2018. They request that, even this appeal may be disposed of in those terms.

2.

The advocates have also placed on record a copy of that order passed in Lokadalat, which is taken on record and marked "X" for identification.

3.

In view of such unanimous stand, the first appeal is disposed of in terms of the order passed in Lokadalat on 14.07.2018 in Rejected Case No.1326 of 2015 and connected matters."

3.

None present for the respondents.

4.

In view of order dated 21st November, 2019 quoted as above, the application is allowed in terms of prayer clause "B"

5.

The application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE SGA