Baliram Gangadhar Nagargoje v. State Of Maharashtra, Through The Collector, Latur And Another

13fa1108.18

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO. 8261 OF 2023 IN FA/1108/2018 WITH CA/8262/2023 IN FA/1109/2018 THE STATE OF MAHARASHTRA AND ANR

VERSUS

PRABHAKAR JIVANRAO KULKARNI ...

AGP for Appellants : Mr.D.B.Bhange Advocate for Respondent : Mr.H.B. Nandagavale ...

CORAM : KISHORE C. SANT, J.

DATE : 06.12.2023.

PER COURT :

1.

Stand over to 03.01.2024.

2.

Both these applications are filed for withdrawal of amount deposited by the appellant Acquiring Body in this Court. The applicants are the original claimants/respondents in an appeal. In appeal No. 1108 of 2018, an amount deposited is Rs. 1,35,000/- and in appeal No. 1109 of 2018 an amount deposited is Rs. 91,561/-. The learned Advocate for the claimants submitted that considering that the amounts are too meager and the claimants need such an amounts as they have

13fa1108.18 lost the income source and they are ready to give undertakings that in case an appeal succeeds they would re-deposit the said amounts in this Court.

3.

The learned AGP vehemently opposed the applications stating that if an amounts are withdrawn, it would be difficult to recover the said amounts which are too meager. This Court finds that applications can be allowed on giving usual undertakings to this Court. Hence the following order :

ORDER

a) Both the applications are allowed and disposed off. b) Respondents/Original Claimants in both applicatons are allowed to withdraw the amounts as deposited by the Acquiring Body/appellants in this Court along with interest accrued thereon on furnishing usual undertakings.

( KISHORE C. SANT ) JUDGE mahajansb/