Tamanna Dhondiba Ekunde v. The Ex. Engineer, Irrigation Department Strengthening Div. Omerga And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13579 OF 2022 IN FIRST APPEAL NO. 790 OF 2021 Yeshwant Mahaduappa Manale WITH CIVIL APPLICATION NO. 13580 OF 2022 IN FIRST APPEAL NO. 792 OF 2021 Babu Mahadu Manale WITH CIVIL APPLICATION NO. 13581 OF 2022 IN FIRST APPEAL NO. 793 OF 2021 Tamanna Dhondiba Ekunde WITH CIVIL APPLICATION NO. 13582 OF 2022 IN FIRST APPEAL NO. 794 OF 2021

{2} Ganpati Mahadu Manale Mr. L. C. Patil, advocate for the Applicant Mr. R. A. Tambe, advocate for Respondent No.1. Mr. S. R. Yadav Lonikar, AGP for Respondents No. 2 & 3. WITH CIVIL APPLICATION NO. 13590 OF 2022 IN FIRST APPEAL NO. 787 OF 2021 Gangaram Umrao Manale WITH CIVIL APPLICATION NO. 13591 OF 2022 IN FIRST APPEAL NO. 786 OF 2021 Balappa Umrao Manale WITH CIVIL APPLICATION NO. 13593 OF 2022 IN FIRST APPEAL NO. 788 OF 2021

{3} Anandrao Umrao Manale Mr. L. C. Patil, advocate for the Applicant Mr. R. A. Tambe, advocate for Respondent No.1. Mr. A. A. Jagatkar, AGP for Respondents No. 2 & 3. CORAM : SANDIPKUMAR C. MORE J.

DATE : 30th September, 2022.

PC :

Heard learned Counsel for respective parties. The acquiring body, who has fled the main appeals, has deposited 60% amount of the impugned awards in all these appeals.

This Court, vide order dated 08th September, 2022 in similar matters i.e. Civil Application No.12200 of 2022 and other connected matters, has permitted the applicants, to withdraw 90% of the aforesaid 60% deposited amounts.

In view of the same, following order is passed: (i) The respective applicants herein are permitted to withdraw 90% amount along with accrued interest thereon out of

{4} the 60% deposited amount by the acquiring body on furnishing usual undertaking before the learned Registrar (J) of this Court. (ii) The respective applicants are also permitted further to withdraw remaining 10% amount along with accrued interest thereon by furnishing solvent surety/security. (iii) All these Civil Applications are accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb