Baswanti Pirappa Sherikar v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

(1) 912 CA-7552.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.7552 OF 2023 IN FA/1165/2021 WITH CA/6628/2021 IN FA/1164/2021 WITH CA/6630/2021 IN FA/1165/2021 WITH CA/6632/2021 IN FA/1166/2021 WITH CA/7556/2023 IN FA/1164/2021 WITH CA/7554/2023 IN FA/1166/2021 WITH CA/7555/2023 IN FA/1166/2021 BASWANTI PIRAPPA SHERIKAR

VERSUS

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

Mr. L.C. Patil, Advocate for the applicants.

Mr. S.N. Kendre, A.G.P. for respondent Nos.1 and 2. Mr. M.S. Kulkarni, Advocate for respondent No.3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

27th June 2023.

ORDER:- IN CIVIL APPLICATION NO. 7554 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of respondent No.1 i.e. sole claimant Ram Pirappa Sherikar, who admittedly died on 12.06.2019, by condoning the delay of 1334 days.

3.

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

4.

The appellant - Acquiring Body is directed to carry out the amendment forthwith.

5.

Application is accordingly disposed of.

(2) 912 CA-7552.2023.odt IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT : 1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their amounts of compensation, which have been deposited by the Acquiring Body alongwith the interest accrued thereon. 3.

Vide order dated 15.07.2022, this Court in other connected matters, has already permitted the applicants therein to withdraw 75% of the total compensation amount. In view of the same, the applicants herein are permitted to withdraw 75% of the total deposited compensation amounts alongwith the proportionate interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The remaining amount be invested in F.D.R. in any Nationalized Bank on yearly renewal basis, till disposal of these appeals.

4.

The civil applications are accordingly disposed of. IN CIVIL APPLICATIONS FOR STAY :

.

Since the appellant - Acquiring Body has deposited amounts of compensation as directed by this court in these applications, the applications are made absolute in terms of prayer clause-A and disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde