Saydu Sadhu Shinge (Gaikwad) Thr Lrs Baswant S/O Saydu Shinge (Gaikwad) v. The Ex. Engineer, Irrigation Dept Strengthening Div. Omerga And ORS
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 14263 OF 2022 IN FIRST APPEAL NO. 784 OF 2021 Saydu s/o Sadhu Shinge (Gaikwad) died, through L. R.Baswant Saydu Shinge Applicant
Versus
The Executive Engineer, Irrigation Department, Strengthening Division, Omerga & others Respondents Mr. L. C. Patil, advocate for the Applicant Mr. R. A. Tambe, advocate for Respondent No.1. Mr. P. M. Kulkarni, AGP for Respondents No.2 and 3. CORAM : SANDIPKUMAR C. MORE J.
DATE : 10th October, 2022.
PC :
Leave to add prayer in respect of condonation of delay. Heard rival submissions.
The applicant, being legal heir of sole Respondent Saydu Sadhu Shinge is seeking permission to bring himself on record. Saydu Sadhu Shinge died on 30.12.2019 and, therefore, there is delay of 842 days.
However, considering the right to defend, the application is hereby allowed in terms of prayer clause "B"and
{2} "B-1". The appellant-acquiring body shall carry out the amendment forthwith.
Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb
{3}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 14217 OF 2022 IN FIRST APPEAL NO. 791 OF 2021 Balaji Dhondiba Ekunde Applicant
Versus
The Executive Engineer, Irrigation Department, Strengthening Division, Omerga & others Respondents Mr. L. C. Patil, advocate for the Applicant Mr. R. A. Tambe, advocate for Respondent No.1. Mr. P. M. Kulkarni, AGP for Respondents No.2 and 3. WITH CIVIL APPLICATION NO. 14256 OF 2022 IN FIRST APPEAL NO. 780 OF 2021 WITH CIVIL APPLICATION NO. 14257 OF 2022 IN FIRST APPEAL NO. 783 OF 2021 WITH CIVIL APPLICATION NO. 14309 OF 2022 IN FIRST APPEAL NO. 784 OF 2021 WITH CIVIL APPLICATION NO. 14260 OF 2022 IN FIRST APPEAL NO. 781 OF 2021 WITH CIVIL APPLICATION NO. 14259 OF 2022 IN FIRST APPEAL NO. 789 OF 2021 CORAM : SANDIPKUMAR C. MORE J.
DATE : 10th October, 2022.
PC :
Heard rival submissions.
{4} The appellant-acquiring body, who has fled all these appeals, has already deposited 60% amount of the impugned awards. This Court, in other similar matters, has already permitted the concerned applicants to withdraw 90% of the deposited amount.
In view of the same, the applicants, in all these applications, are permitted to withdraw 90% amount of the deposited amount along with accrued interest thereon till date, on furnishing usual undertaking before the learned Registrar (J) of this Court.
The applicants, in all these applications, are further permitted to withdraw the remaining 10% amount, along with accrued interest thereon, by furnishing solvent surety/security. All these Civil Applications are accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb