The Ex. Engineer, Strengthening Div. Irrigation Project, Osmanabad v. Mahadeo Baburao Panchbhai And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 12526 OF 2024 IN FA/1814/2021 AND CIVIL APPLICATION NO. 9059 OF 2021 IN FA/1814/2021 MAHADEO BABURAO PANCHBHAI ....Applicant

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR, OSMANABAD AND ORS .....Respondents Mr. L. C. Patil, Advocate for the applicant Mr. M. S. Kulkarni, Advocate for the respondent No.3 Mr. K. S. Patil, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 28th NOVEMBER, 2024 P. C.

WITHDRAWAL 1.

The applicant placed on record the copy of the order dated 04-12-2019 passed in CA/9396/2019. It is submitted that said application also arose from the same acquisition proceeding.

(2) 2.

Only 75% amount is deposited in the office of this court.

3.

In view of above, following order:

ORDER

a] The application stands allowed.

b] The applicants are permitted to withdraw 50% of the total amount as per award alongwith accrued interest on furnishing usual undertaking. Remaining 25% of the amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. c] The application stands disposed off.

STAY

(3) 1.

Since 75% of the amount is already deposited in the office of this court, there shall be stay to the impugned judgment and award till disposal of the appeal.

2.

The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/9ca12526.24