Ram Tukaram Kanade v. Executive Engineer, P.M.Div. Omerga Dist-Osmanabad Thr Ex. Engi. Osmanabad M.P.Div. Osmanabad And O

{1} Drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 79 OF 2020 IN FIRST APPEAL NO.736 OF 2018 Ram Tukaram Kanade APPLICANT

VERSUS

Executive Engineer, P. M. Div, Omerga and Ors. RESPONDENTS .......

Mr. Vivekanand V. Ingale, Advocate for the applicant Mr. G. O. Wattamwar, AGP for respondent - State Mr. Avishkar S. Shelke, Advocate for respondent No. 1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 6 th MARCH, 2020 ORDER :

1.

Heard learned advocates for the appearing parties. 2.

Learned advocate for the applicant submits that once again the matter of the applicant had remained aside from the group of civil applications bearing No. 13933 of 2019 and connected matters.

3.

Pursuant to order in group of civil applications No. 14254 of 2017, this court had allowed present applicant to withdraw

{2} 50% of compensation amount along with accrued interest. Orders in civil application No. 14254 of 2017 and companion matters were taken to Apex Court and following order of the Supreme Court, aforesaid civil applications No. 13933 of 2019 and others were preferred by the applicants for modification to order in group of civil applications bearing No. 14254 of 2017 and companion matters.

4.

Orders in civil application No. 14254 of 2017 and others and in civil application No. 13933 of 2019 and others, are tendered across which are marked "X" and "Y" respectively for identification.

5.

On perusal of order dated 5th December, 2019 in aforesaid group of civil applications No. 13933 of 2019 and other matters, it appears to have considered that it would be appropriate to allow the claimants to withdraw additional 25% amount deposited in this court by furnishing solvent security and, thus, had allowed, applicants in civil application No. 13933 of 2019 and companion matters to withdraw additional 25% amount with accrued interest by furnishing solvent security to the Registrar (Judicial).

6.

In view of aforesaid, applicant may withdraw additional

{3} 25% amount on furnishing solvent security to the satisfaction of the Registrar (Judicial).

7.

Civil application stands disposed of.

[SUNIL P. DESHMUKH] JUDGE drp/ca79-20