Khairunisabi Shabbirshah Fakir (Died) Thr Lrs Riyaz And ORS v. The Ex. Engineer, Minor Irrigation Division, Jalgaon And ORS

8118.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8118 OF 2020 IN FIRST APPEAL NO.942 OF 2020 ...

KHAIRUNISABI SHABBIRSHAH FAKIR [DECEASED] THROUGH HER LEGAL HEIRS RIYAZ SHABBIR SHAH FAKIR & OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALGAON & OTHERS ...

Mr.V.B.Patil, Advocate for the applicants - claimants.

Mr.S.D.Dhongade, Advocate for the respondent - acquiring body.

Mr.A.A.Jagatkar, AGP for the respondentState. ...

CORAM : V.L.ACHLIYA,J.

DATE : 14.01.2021 P.C.

1] The applicants i.e. the legal heirs of the deceased - original claimant have moved this application seeking withdrawal of the amount of Rs.21,39,659/- deposited by the appellant-acquiring body.

2] Heard learned counsel for the applicants-claimants and the appellant - acquiring body.

3] Learned counsel for the appellant acquiring body submits that the amount

8118.20CA.odt deposited by the appellant acquiring body is to the extent of 25% of the amount awarded by the Reference Court and further submits that considering challenge raised the appellant - acquiring body have no objections to withdraw the amount, which is to the extent of 25% of the amount awarded by the Reference Court.

4] Considering the submissions advanced, the applicants are permitted to withdraw the amount of Rs.21,39,659/- together with interest, subject to filing of the undertaking to the effect that in the event the award is set aside or modified, the applicants shall re-deposit the same within eight [8] weeks from the date of passing of the order.

5] The withdrawal of the amount shall be subject to the outcome of the appeal.

6] The application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC