Shivhar Sambhaji Karpe (Died) Thr Lrs Champabai And ORS v. The Exe. Engineer, Minor Irrigation Div., Beed (G.M.I.D.C. Aurangabad) And ORS

2024:BHC-AUG:10195 14-CA-8137-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8137 OF 2023 IN FA/2164/2022 SHIVHAR SAMBHAJI KARPE (DIED) THROUGH LRS CHAMPABAI AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, BEED (G.M.I.D.C. AURANGABAD) AND OTHERS ...

Advocate for Applicants : Mr. D. B. Pathrikar holding for Mr. Vilas S. Bochare Advocate for Respondent No.1 : Mr. B. R. Survase AGP for Respondents No.2 and 3 : Mrs. M. L. Sangit ...

CORAM : S. G. MEHARE, J.

DATE : 02-02-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for respondent No.1 and the learned A.G.P. for respondents No.2 and 3.

2.

In the appeal arising out of the same award, this Court allowed the claimants to withdraw 75% amount. Hence, application deserves to be allowed.

i) The application is allowed.

ii) The applicants are permitted to withdraw 75% of deposited compensation. Out of it, 50% amount be released on usual undertaking and 25% amount be released on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Remaining balance be invested in the

14-CA-8137-23.odt fixed deposit in any Nationalized Bank, till the disposal of the appeal, as per rules.

3.

Learned counsel for the appellant states that the respondents/claimants themselves have filed application for bringing legal representatives of deceased claimant/ Champabai Shivhar Karpe.

4.

Since the application for bringing legal representatives has not been filed by the appellant, the compensation as mentioned above should not be disbursed unless the legal heirs of deceased claimant Champabai are brought on record. The appellant should move an application for bringing legal representatives of deceased claimant Champabai within two weeks.

( S. G. MEHARE ) JUDGE rrd