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Bombay High CourtCA/8313/2017disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS v. Ananta Maruti Kakade

2018-01-05Hon'Ble Shri Justice M.S. Sonak3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8313 OF 2017 IN FIRST APPEAL NO. 4344 OF 2017 The Executive Engineer & others Appellants

Versus

Ananta s/o Maruti Kakade Respondent Mr. S.D. Dhongade, advocate for appellants.

Mr. R.D. Khadap, advocate for respondent.

WITH CIVIL APPLICATION NO. 8309 OF 2017 IN FIRST APPEAL NO. 4343 OF 2017 The Executive Engineer & others Appellants

Versus

Angad Maruti Kakade Respondent Mr. S.D. Dhongade, advocate for appellants.

Mr. R.D. Khadap, advocate for respondent.

WITH CIVIL APPLICATION NO. 8315 OF 2017 IN FIRST APPEAL NO. 4346 OF 2017 The Executive Engineer & others Appellants

Versus

Balaji Maruti Kakade (deceased through LRs) Respondent Mr. S.D. Dhongade, advocate for appellants.

{2} Mr. R.D. Khadap, advocate for respondents.

WITH CIVIL APPLICATION NO. 8311 OF 2017 IN FIRST APPEAL NO. 4345 OF 2017 The Executive Engineer & others Appellants

Versus

Kedari s/o Tukaram Jadhav & another Respondents Mr. S.D. Dhongade, advocate for appellants.

Mr. R.D. Khadap, advocate for respondent no. 1. CORAM : M.S. SONAK, J.

DATE : 5th JANUARY, 2018 PER COURT:

1.

There shall be interim relief in terms of prayer clause 'B' subject to applicants depositing entire award amount together with interest accrued thereon within a period of 12 weeks from today. In case of failure to deposit, interim relief shall stand vacated without further reference to this Court.

2.

In case, the amount is deposited, the Registry to invest the same in Nationalised Bank as per the usual procedure. 3.

This shall be without prejudice to the right of respondentsclaimants to apply for withdrawal. Such application if made, will be considered on its own merits and in accordance with law.

{3} 4.

Civil applications for interim relief are disposed of in aforesaid terms.

( M.S. SONAK, J. ) dyb