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Bombay High CourtCA/13235/2024admittedallowedgrantedrule absolute

Janab Hussain Inayan Hussain v. The State Of Maharashtra Thr Collector, Osmanabad And ORS

2024-12-17Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:30364 ( 1 ) ca13234.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 13234 OF 2024 IN FAST/23645/2021 JAHAGIR HUSSAIN MADAR HUSSAIN

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 13235 OF 2024 IN FAST/23649/2021 CIVIL APPLICATION NO. 10721 OF 2021 IN FAST/23514/2021 CIVIL APPLICATION NO. 10722 OF 2021 IN FAST/23514/2021 CIVIL APPLICATION NO. 10725 OF 2021 IN FAST/23645/2021 CIVIL APPLICATION NO. 10726 OF 2021 IN FAST/23645/2021 CIVIL APPLICATION NO. 10723 OF 2021 IN FAST/23649/2021 CIVIL APPLICATION NO. 10724 OF 2021 IN FAST/23649/2021 Mr.L.C. Patil, Advocate for the applicants-claimants. Mr.P.D. Patil, AGP for the respondent-State.

Ms.S.D. Shelke, Advocate for the respondent-Acquiring body.

CORAM

: KISHORE C. SANT, J.

DATE : 17.12.2024 PC :- CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT.

01.

These applications are for withdrawal of amount deposited by the acquiring body. The applicants rely upon order passed by this Court dated 08.07.2024. In view of the same, the applicants are permitted to withdraw 75% of the amount deposited along with accrued interest on giving usual undertaking. Remaining 25% amount along with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The civil applications for withdrawal of amount are accordingly allowed and

( 2 ) ca13234.24 are disposed off.

CIVIL APPLICATIONS FOR CONDONATION OF DELAY 01.

For the reasons stated in the applications, the applications stand allowed. The delay is condoned. The first appeals be registered. FIRST APPEALS 01.

Heard.

02.

Admit.

03.

Learned Advocate Mr. L.C. Patil waives service of notice for respondents-claimants.

04.

Call for record and proceedings.

CIVIL APPLICATIONS FOR STAY 01.

Since 75% amount as per impugned judgment and award is deposited in this Court, there shall be stay to the impugned judgment and award till disposal of the appeal. The civil applications are accordingly allowed and are disposed off.

[KISHORE C. SANT, J.] snk/2024/dec24/ca13234.24