Zumbar Narsinha Lohar v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12437 OF 2023 IN FAST/23601/2020 Hanumant Kundalik Lohar (died) Thr Lrs. Ganpati Hanumant Lohar And Ors

VERSUS

The State Of Maharashtra, Through The Collector, Osmanabad And Ors .....

Advocate for Applicant : Mr. A. B..Kale AGP for Respondent Nos. 1 and 2: Mrs. M.L.Sangit Advocate for Respondent No.3 : Mr. A. S. Shelke .....

WITH CIVIL APPLICATION NO. 10659 OF 2023 IN FAST/22806/2020 SHIVAJI KESHAV IGAVE (DIED) THR LRS DIGAMBAR SHIVAJI IGAVE

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND OTHERS .....

Advocate for Applicant : Mr. A. B..Kale AGP for Respondent Nos. 1 : Mrs. M.L.Sangit Advocate for Respondent No.2 & 3 : Mr. A. S. Shelke ....

WITH CIVIL APPLICATION NO. 10654 OF 2023 IN FAST/23596/2020 SHIVAJIRAO RAGHNUATHRAO MANE DIED THR LRS RUKMINBAI SHAHAJI MANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO. 10670 OF 2023 IN FAST/23581/2020 MALHARI BHANUDAS NARSURE

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND OTHERS .....

Advocate for Applicant : Mr. A. B..Kale AGP for Respondent Nos. 1 : Mrs. M.L.Sangit Advocate for Respondent No.2 & 3 : Mr. A. S. Shelke ....

WITH CIVIL APPLICATION NO. 10671 OF 2023 IN FAST/23608/2020 ZUMBAR NARSINHA LOHAR

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD .....

Advocate for Applicant : Mr. A. B..Kale AGP for Respondent Nos. 1 : Mrs. M.L.Sangit Advocate for Respondent No.2 & 3 : Mr. A. S. Shelke ....

CORAM : S. G. MEHARE, J.

DATE : 02.02.2024 PER COURT :

1.

Heard the learned counsel for the claimants and learned counsel for the Respondent also.

2.

In a similarly situated applications this Court allowed the applicants to withdraw 75% of the amount deposited with accrued interest. The appeal is delayed by 1390 days. Its condonation application is pending. The Court has recorded the findings on the pleading on the condonation of application and allowed the appellant to amend the application. However, for that purpose withdrawal application could not be kept pending. Since the Court has already taken the view to grant the claimants to withdraw 75% of the deposited amount, the following order is passed.

ORDER

(i) All the applications are partly allowed.

(ii) The applicants are permitted to withdraw 75% of the amount deposited with proportionate interest thereon on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court that they will deposit the amount if the impugned awards are reversed.

(iii) The balance amount be deposited in the fixed deposit as per the rules.

( S. G. MEHARE ) JUDGE ysk