Khanderao Karbhari Kuklare Died Through Lrs And ORS v. The Executive Engineer And ANR

2025:BHC-AUG:23097 955 CA 6567 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CIVIL APPLICATION NO. 6567 OF 2025 IN FA/321/2025 KHANDERAO KARBHARI KUKLARE DIED THR LRS. RAHIBAI AND ORS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1 GMIDC AURANGABAD ...

Advocate for Applicants : Mr. Pahune Patil Nandkishor Jayaram A.G.P. for Respondent no. 2 : Mr. D.B. Bhange ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 22.08.2025 PER COURT :

Heard both sides.

2.

Present application is for withdrawal of amount of Rs. 8,68,278/-, deposited by the respondent-acquiring body.

3.

The learned counsel Mr. Pahune-Patil relies on the order passed by coordinate bench on 17.10.2024 permitting the applicants to receive 100% of the amount on furnishing undertaking. This Court has to be consistent in passing the orders. On the ground of parity, the applicant is entitled to receive the amount.

4.

The Civil Application is allowed by permitting the applicant to receive the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. ( SHAILESH P. BRAHME, J.) mkd/- 1/1