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Bombay High CourtCA/8991/2024admittedallowedgrantedrule absolute

Manik Ambhaji Surwase Died Thr Lrs Bhagirathi And ORS v. The State Of Maharashtra Through The Collector Osmanabad And ORS

2024-10-17Hon'Ble Shri Justice Kishore C. Sant5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

907 CIVIL APPLICATION NO. 8991 OF 2024 IN FA/503/2023 MANIK AMBHAJI SURWASE DIED THR LRS BHAGIRATHI AND ORS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS Advocate for Applicant : Mr. Laxmikant C. Patil. Advocate for Respondent No.3 : Ms. Sunita D. Shelke. CIVIL APPLICATION NO. 11182 OF 2024 IN FA/505/2023 KAMALBAI RAM LOKHANDE DIED THROUGH LRS AND ORS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS Advocate for Applicant : Mr. Laxmikant C. Patil & Ms. Laxmi Rajendra Thakur Advocate for Respondent No.3 : Ms. Sunita D. Shelke. CIVIL APPLICATION NO. 11184 OF 2024 IN FA/500/2023 MAHESH BANKATRAO KADAM THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS Advocate for Applicant : Mr. Laxmikant C. Patil & Ms. Laxmi Rajendra Thakur Advocate for Respondent No.3 : Ms. Sunita D. Shelke. CIVIL APPLICATION NO. 11181 OF 2024 IN FA/504/2023

TATYA RAGHUNATH MURDE THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS Advocate for Applicant : Mr. Laxmikant C. Patil & Ms. Laxmi Rajendra Thakur Advocate for Respondent No.3 : Ms. Sunita D. Shelke. CIVIL APPLICATION NO. 11179 OF 2024 IN FA/503/2023 MANIK AMBAJI SURWASE DIED THROUGH LRS BHAGIRATHI W/O MANIK SURWASE AND ORS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS Advocate for Applicant : Mr. Laxmikant C. Patil & Ms. Laxmi Rajendra Thakur Advocate for Respondent No.3 : Ms. Sunita D. Shelke. CIVIL APPLICATION NO. 11183 OF 2024 IN FA/505/2023 KAMALBAI RAM LOKHANDE DIED THROUGH LRS RAM S/O RANBA LOKHANDE AND ORS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS Advocate for Applicant : Mr. Laxmikant C. Patil & Ms. Laxmi Rajendra Thakur Advocate for Respondent No.3 : Ms. Sunita D. Shelke. FIRST APPEAL NO. 499 OF 2023 EX. ENGINEER PATBANDHARE MAJABUTIKAR DIV. OMERGA AND ORS NILKANTH VITHALRAO KADAM Advocate for Appellant : Ms. Sunita Dasharat Shelke.

Advocate for Respondent No.1 to 3 : Mr. Laxmikant C. Patil. FIRST APPEAL NO. 502 OF 2023 EX. ENGINEER PATBANDHARE MAJABUTIKARAN DIV. OMERGA AND ORS UTTAM KRASNATH SAWANT Advocate for Appellant : Ms. Sunita Dasharat Shelke. Advocate for Respondent : Mr. Laxmikant C. Patil. FIRST APPEAL NO. 501 OF 2023 EX. ENGINEER PATBANDHARE MAJABUTIKAR DIV. OMERGA AND ORS IKBAL CHAND PATEL Advocate for Appellant : Ms. Sunita Dasharat Shelke. Advocate for Respondent : Mr. Laxmikant C. Patil. CORAM :

KISHORE C. SANT, J.

DATE :

17th October, 2024.

P.C.:

.

Heard the learned counsel for the parties.

CIVIL APPLICATION NO. 8991 OF 2024 This application is for bringing on record legal hears of deceased Manik Surwase, who died on 29th April, 2018. There is delay of 2187 days in filing this application. For the reasons stated in the application,

the delay stands condoned. The application stands allowed. Necessary amendment be carried out in the cause title of appeal and civil applications within four weeks from today. The civil application stands disposed of.

CIVIL APPLICATION NO. 11182 OF 2024 The appellant has already taken steps and brought the legal heirs on record. In view of the same, this application has become infructuous and the same stands disposed of as such. applications for withdrawal of amount:

These applications are filed seeking withdrawal of the amount deposited in this Court by the appellant / acquiring body. The learned counsel relies upon the order passed by this Court dated 5th September, 2024 passed in Civil Application No.8989 of 2024. Considering the above, the following order is passed:

O R D E R

I.

The applicants are permitted to withdraw 75% of the amount alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount with accrued interest is directed to be kept in fixed deposit in any nationalized bank till final disposal of the appeals. II.

With this, the civil applications are disposed of.

On appeals:

Heard.

Admit.

Issue notice to the respondents. Mr. L. C. Patil, learned counsel waives notice for the respondent/claimants on admission. [ KISHORE C. SANT, J. ] nga