Tarabai Tukaram Shelke And ORS v. The Executive Engineer, Osmanabad Medium Division, Osmanabad And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 922 CIVIL APPLICATION NO.21 OF 2021 IN FIRST APPEAL NO.2832 OF 2018 TUKARAM KONDIBA SHELKE
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM DIVISION, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO.20 OF 2021 IN FIRST APPEAL NO.2833 OF 2018 CHANDRAHAS TUKARAM SHELKE
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM DIVISION, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO.19 OF 2021 IN FIRST APPEAL NO.2834 OF 2018 BALIRAM BAJIRAO SHELKE
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM DIVISION, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO.18 OF 2021 IN FIRST APPEAL NO.2835 OF 2018 DIGAMBAR AMBADAS SHELKE DIED THROUGH LEGAL HEIR ASHOK S/O DIGAMBAR SHELKE
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM DIVISION, OSMANABAD AND OTHERS
WITH CIVIL APPLICATION NO.17 OF 2021 IN FIRST APPEAL NO.2836 OF 2018 TARABAI TUKARAM SHELKE AND OTHERS
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM DIVISION, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO.16 OF 2021 IN FIRST APPEAL NO.2837 OF 2018 ANGAD DATTATRAYA SHELKE AND ANOTHER
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM DIVISION, OSMANABAD AND OTHERS ...
Mr.Estling S. Murge Advocate for Applicants.
Mr.A.S. Shelke Advocate for Resp. No.1.
Mr.P.M. Kulkarni AGP for Resp. Nos. 2 and 3.
...
CORAM: ANIL S. KILOR, J.
DATE : 19th MARCH, 2021 ORDER :
1.
These are the applications moved by the claimants for withdrawal of the amount. It is stated in the applications that the decreetal amount has already been deposited by the acquiring body in this Court and money is required by the applicants for development of their other lands and to repay private loans.
2.
Learned counsel for acquiring body has no serious objection if the amount to the extent of 50% of the deposited amount is permitted to be withdrawn by the applicants.
3.
In that view of the matter, applicants are permitted to withdraw 50% of the total amount deposited in this Court on furnishing undertaking to the effect that in the event, decision in First Appeal/s is adverse to their interest, they would pay back / re-deposit the amount being withdrawn under this order within a period of three months from the date of such decision.
4.
Civil applications are disposed of.
[ANIL S. KILOR, J.] asb/MAR21