Ramakant Mahipatirao Godse v. The G.M.I.D.C., Thr Its Ex. Engineer, Minor Irrigation Sub Div. Osmanabad And ORS

(1) 933 CA-10132.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.10132 OF 2022 IN FIRST APPEAL (ST.) NO. 31030 OF 2019 RAMAKANT MAHIPATIRAO GODSE

VERSUS

THE G.M.I.D.C., THROUGH ITS EXEXUTIVE ENGINEER, MINOR IRRIGATION SUB DIV. OSMANABAD AND OTHERS ...

Mr. Laxmikant C. Patil, Advocate for the applicant. Mr. A.A. Jagatkar, A.G.P. for respondent Nos.1 and 2. Mr. Ranjit Gaikwad, Advocate for respondent No. 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

27.07.2022.

ORDER:- 1.

The learned Counsel for the applicant submits that this Court has earlier passed order of withdrawal 50 % of the deposited amount on submitting undertaking and 25% on furnishing solvent surety in other similar matters. The learned Counsel has also produced one order dated 16 November 2021 passed by this Court in similar Civil Application No.11643 of 2021 in First Appeal (St.) No. 77 of 2021.

2.

In view of the same, the applicant is permitted to withdraw 50% of the amount deposited by the respondent No.3 Acquiring Body in this Court on submitting usual undertaking

(2) 933 CA-10132.2022.odt before Registrar (Judicial) and 25% of the said amount on furnishing solvent surety. The balance amount be invested in fixed deposit in any Nationalizeed Bank, till disposal of the appeal.

3.

The Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde