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Bombay High CourtCA/9871/2023admittedallowedgrantedrule absolute

The Ex. Engineer, Minor Irrigation Div. Osmanabad Thr G.M.I.D.C, Aurangabad v. Mahatma Limbaji Bhosale And ORS

2024-11-29Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:28483 ( 1 ) ca11064.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 CIVIL APPLICATION NO. 11064 OF 2024 IN FAST/16707/2023 MAHATMA LIMBAJI BHOSALE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 9871 OF 2023 IN FAST/16707/2023 CIVIL APPLICATION NO. 9872 OF 2023 IN FAST/16707/2023 CIVIL APPLICATION NO. 9873 OF 2023 IN FAST/16710/2023 CIVIL APPLICATION NO. 9874 OF 2023 IN FAST/16710/2023 CIVIL APPLICATION NO. 9875 OF 2023 IN FAST/16713/2023 CIVIL APPLICATION NO. 9876 OF 2023 IN FAST/16713/2023 CIVIL APPLICATION NO. 9877 OF 2023 IN FAST/16716/2023 CIVIL APPLICATION NO. 9878 OF 2023 IN FAST/16716/2023 CIVIL APPLICATION NO. 11066 OF 2024 IN FAST/16713/2023 Mr.Y.S.Pareek h/f. Mr. A.B.Kale, Advocate for the applicants. Mr.K.B. Jadhavar, AGP for the respondent-State. Ms.Vaishali S. Swami h/f. Mr. M.C. Swami, Advocate for the respondent - Acquiring Body.

CORAM

: KISHORE C. SANT, J.

DATE : 29.11.2024 PC :- CIVIL APPLICATIONS FOR CONDONATION OF DELAY 01.

Civil Applications are filed for condonation of delay of 1733 days caused in filing the appeals by the Acquiring Body. For the reasons stated in the applications, the applications for condonation of delay are allowed. The delay is condoned. The first appeals be registered.

( 2 ) ca11064.24 CIVIL APPLICATIONS FOR STAY 01.

The amount of compensation is already deposited in the office of this Court, by the applicant. There shall be stay to the impugned judgment and award till disposal of the appeal. 02.

The civil applications for stay are accordingly allowed and are disposed off.

CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT 01.

The applicant relies on the order passed by this Court dated 18.10.2024 in Civil Application No. 11065 of 2024 and other companion matters. In view of the same, following order is passed :-

ORDER

(i) The applicants are permitted to withdraw 75% of the amount deposited in this Court along with accrued interest on furnishing usual undertaking.

(ii) Remaining amount shall be kept in fixed deposit in any nationalized bank, to be renewed from time to time till disposal of the appeal.

(iii) The civil applications stand disposed off.

[KISHORE C. SANT, J.] snk/2024/nov24/ca11064.24