Rukhminibai Abasaheb Khavane (Died) Thr Lrs Madhukar And ORS v. The State Of Maharashtra And ORS

1 1035-FAST-19843-21 (settled matter).odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'

BLE SHRI JUSTICE SHRIKANT D. KULKARNI, J.

HELD ON 25Th SEPTEMBER, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1035 CIVIL APPLICATION NO.7637 OF 2021 IN FIRST APPEAL (STAMP) NO. 19843 OF 2021 RUKHMINIBAI ABASAHEB KHAVAE (DIED) THROUGH LRS. MADHUKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

O R D E R

1.

Not on board, taken on board with the consent of both the sides. 2.

Mr. A.H. Korhalkar, learned counsel for the appellants/claimants, Mr. B.V. Virdhe, learned AGP for State and Mr. P. B. Jadhav, Executive Engineer, Jalna Irrigation Division, Jalna are present. 3.

The Delay of 2499 days in filing the present appeal stands condoned with consent of respondents.

4.

This Appeal is placed before this panel of today' s National Lok Adalat in view of settlement between the parties.

2 1035-FAST-19843-21 (settled matter).odt 5.

Learned counsel appearing for the respective sides and concerned parties submit that they have settled their dispute amicably and they have placed on record terms of compromise. They further submitted that the matters have been fully and finally settled between the parties. The compromise pursis / terms of compromise are taken on record and marked as 'X' for identification.

6.

They submitted that in view of amicable settlement between the parties described in the compromise pursis, this appeal may be disposed of.

7.

In view of amicable settlement between the parties and in terms of compromise arrived between the parties, this appeal stands disposed of. It is a full and final settlement arrived between the parties. 8.

The acquiring body shall deposit the settlement amount as agreed within eight (08) months from today in this Court. 9.

The appellants/claimants are entitled to withdraw the amount deposited by the acquiring body.

10.

The appellants/claimants are not entitled to get statutory benefit i.e. interest under Section 28 of the Land Acquisition Act, 1894 for the delayed period in filing of the first appeals, which is condoned by this Court.

3 1035-FAST-19843-21 (settled matter).odt 11.

The Court fee refund certificate be issued as per the rules in favour of the appellants/claimants. Registry to take necessary steps to that effect. 12.

The award/decree be drawn up in terms of compromise. 13.

The Civil Application/s pending if any, also stand/s disposed of. 14.

No order as to the costs.

( K. C. Sant ) ( V. B. Mantri ) (SHRIKANT D. KULKARNI, J. ) Advocate District Judge (Retd.) Head of the Panel Member Member Date : 25.09.2021.

Place : Aurangabad.

S P Rane