Vishwambhar Dadarao Naiknaware And Others v. The Exe. Engineer, Osmanabad Minor Irri. Div., Osmanabad Under G.M.I.D.C., Aurangabad And Others

84-CA-6342-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6342 OF 2021 IN FIRST APPEAL (ST) NO. 19804 OF 2014 Vishwambhar Dadarao Naiknaware and Others ..APPLICANTS

VERSUS

The Executive Engineer, Osmanabad Minor Irrigation Division and Others ..RESPONDENTS AND CA/6343/2021 IN FAST/19849/2014 AND CA/6344/2021 IN FAST/19843/2014 ....

Mr. P.B. Rakhunde, Advocate for applicants Mr. B.R. Survase, Advocate for respondent no.1 Mr. P.M. Kulkarni, A.G.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 19th JULY, 2021 PER COURT :

1.

Heard.

2.

The appeal dates back to 2014. The application for condonation of delay has not been heard. The applicants were permitted to withdraw 40% of the amount deposited in this Court.

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84-CA-6342-21.odt 3.

Learned counsel for the applicants submits that the applicants are poor agriculturists. They are in need of finance for the reasons given in the applications. The appeals are not likely to be heard in near future. 4.

Learned counsel for the acquiring body strongly objects. According to him, the reference Court has increased the compensation manifold. The appellants have good case on merits. 5.

Considering the rival submissions, the applicants are permitted to withdraw 15% of the amount already deposited in this Court with interest accrued thereon, on furnishing solvent surety in the like amount. Civil applications stand disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2