Prayagbai Sahebrao Zol Lrs Ganesh Sahebrao Zol Died And Others v. The Godavari Marathwada Irrigation Development Corporation Ltd. Aurangabad Thr Exe Director And ORS

985--ca.9512.16 anr.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.:9512 OF 2016 IN FIRST APPEAL STAMP NO.:11778 OF 2013 SMT. PRAYAGBAI SAHEBRAO ZOL, DECEASED THROUGH LRS, GANESH SAHEBRAO ZOL DIED, AND OTHERS

VERSUS

THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD. AURANGABAD THR EXECUTIVE AND OTHERS WITH CIVIL APPLICATION NO.:9513 OF 2016 IN FIRST APPEAL NO.:1061 OF 2016 SATISH SAHEBRAO ZOL

VERSUS

THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD. AURANGABAD THR EXECUTIVE AND OTHERS *** Mr. Nitin Jagdale, h/f Mr. V.D. Salunke, Advocate for Applicants. Mr. Anand Chawre, Advocate for Respondent No.1. Mr. A. M. Phule, A.G.P. for Respondent No.2 *** CORAM :

P. R. BORA, J.

DATE :

22nd July, 2016.

P.C.:

.

Heard the learned counsel appearing for the respective parties. The learned counsel for the Appellant acquiring body has strongly opposed for permitting any withdrawal. Having considered the contentions raised in the present applications and the objections raised by the acquiring body in the

985--ca.9512.16 anr.odt memo of appeals in exception to the impugned award, I deem it appropriate to pass the following order -

O R D E R

I.

The Applicants are permitted to withdraw 50% of the amount deposited by the Appellant in this Court on submitting an undertaking that in the event any adverse order is passed against them, they shall redeposit the amount so withdrawn by them within a period of six months from the date of passing of such order.

II.

Civil applications stand disposed of.

[ P. R. BORA, J. ] ndm