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Bombay High CourtCA/6559/2024admittedallowedgrantedrule absolute

Gangadhar Ram Jalkote v. The State Of Maharashtra Thr Collector, Osmanabad And ORS

2024-07-09Hon'Ble Shri Justice Kishore C. Sant2 pages

903ca6559.24 withdraw

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO. 6559 OF 2024 IN FA/564/2023 WITH GANGADHAR RAM JALKOTE

VERSUS

EX. ENGINEER, IRRI. PRO. MAJBUTIKARAN DIV. OMERGA UNDER M.K.K.V.D.C. PUNE AND ORS ...

Advocate for Applicant : Mrs. Mrunal Andhare h/f Mr. A B Kale AGP for Respondents/State : Mr. S.K. Shirse Advocate for Respondents : Mr.Survase B. R. and Mr.Nangare Prashant R.

...

CORAM : KISHORE C. SANT, J.

DATE : 09 JULY, 2024.

PER COURT :

1.

This application is filed seeking withdrawal of the amount deposited by the Appellant/Acquiring Body in this Court.

2.

This Court by order dated 26.04.2024 passed in Civil Application No. 4023 of 2024 in First Appeal No. 1550 of 2023 had directed the appellant to deposit 50% of the amount

903ca6559.24 withdraw of compensation as per the impugned judgment and award. By the same order this Court allowed applicant/original claimant to withdraw the entire amount of compensation that was deposited in this Court. Hence this court is inclined to pass following order :

ORDER

a) The Civil Application is allowed.

b) The appellant/original claimant is allowed to withdraw the entire amount deposited by the Acquiring Body in this Court alongwith accrued interest, on furnishing usual undertaking that in case the appeal is allowed, he will re-deposit the amount in this Court.

c) The Civil Application stands disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/