Shivaji Vishwanath Deshmane v. Ex. Engineer, Minor Irrigation Division, Osmanabad And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6518 OF 2020 IN FIRST APPEAL ST.NO.18388 OF 2019 Shivaji Vishwanath Deshmane Applicant

Versus

Executive Engineer, Minor Irrigation Division, Osmanabad and another Respondents WITH CIVIL APPLICATION NO.6517 OF 2020 IN FIRST APPEAL ST.NO.18273 OF 2019 Shivaji Vishwanath Deshmane Applicant

Versus

Executive Engineer, Minor Irrigation Division, Osmanabad and another Respondents Mr.V.V.Ingale, advocate for the applicants.

Mr.R.C.Patil, advocate for Respondent No.1.

Mr.A.B.Chate, AGP for Respondent No.2.

CORAM : V.K.JADHAV, J.

DATE : 25th November, 2020.

PC :

The learned Counsel for the applicants submits that this Court (Coram: S.V.Kotwal, J.), by an order dated 19th June, 2019 in Civil Application No.6883 of 2019 in F.A. St. No.25601 of 2013 with connected matters, has permitted the applicants-

{2} original claimants therein to withdraw the amount on certain conditions. Learned Counsel for the applicants submits that these applicants - original claimants, from the same award, may also be permitted to withdraw the amount on the same terms and conditions.

Mr.R.C. Patil, learned Counsel appearing for the acquiring body has also not disputed the earlier order passed by this Court permitting withdrawal of amount on certain conditions. In view of the above, applicants-original claimants herein are also entitled to withdraw the amount on the same terms and conditions, as directed in the aforesaid order. Hence, the following order:

(i) Civil Applications are partly allowed.

(ii) The applicants-original claimants are permitted to withdrawn 70% amount, out of the amount deposited before this Court, on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

{3} (iii) Balance 30% amount shall be invested in fxed deposit in any Nationalised Bank, till fnal disposal of the appeals. Civil Applications are accordingly disposed of. (V.K.JADHAV) JUDGE adb