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Bombay High CourtCA/10727/2022rejected at admission stage

Ratilal Waman Naik (Died) Thr Lrs Indubai And ORS v. The Collector, Jalgaon And ORS

2022-10-03Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Sandeep V. Marne2 pages

1 ca 10727.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10727 OF 2022 IN CIVIL APPLICATION NO. 14877 OF 2016 IN FIRST APPEAL STAMP NO. 6599 OF 2016 Ratilal Waman Naik (Died) Through L.R.s Indubai and others .. Applicants

Versus

The Collector, Jalgaon and others .. Respondents Shri Ajeet B. Kale, Advocate for the Applicants. Mrs. V. N. Jadhav Patil, A.G.P. for the Respondent Nos. 1 and 2. Shri V. G. Kodale, Advocate h/f Shri V. D. Gunale, Advocate for the Respondent Nos. 3 and 4.

CORAM :

MANGESH S. PATIL AND SANDEEP V. MARNE, JJ.

DATE :

03.10.2022.

FINAL ORDER :

.

By way of this application the applicants who are the respondents in the first appeal are seeking to forgo a condition whereby while permitting them to withdraw 50% of the amount, this Court by order dated 25.11.2016 had put a condition to furnish bank guarantee which was to be kept alive till disposal of the first appeal.

2.

Apart from the fact that the applicants have suffered this

2 ca 10727.22 order for almost six years, it would be inappropriate for this bench to reconsider the issue. The civil application is rejected. [SANDEEP V. MARNE, J.] [MANGESH S. PATIL, J.] bsb/Oct. 22