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Bombay High CourtCA/12045/2022disposed off

Narayan Deu Wakle (Died) Thr Lrs. Chandrabhaa Sarjerav Jadhav And ORS v. The State Of Maharashtra, Through The Collector, Osmanabad And Others

2022-10-17Hon'Ble Shri Justice Sandipkumar C. More4 pages

{1} CIVIL APPLICATION NO.12045 OF 2022 IN Narayan Deu Wakle (died), Applicants The State of Maharashtra & others Mr. Madhav K. Jadhav, advocate holding for Mr. A. S. More, advocate for the Applicants Mr. S. R. Yadav Lonikar, AGP for Respondents No.1 & 2. Mr. A. M. Gaikwad, advocate for Respondent No.3. Heard rival submissions.

The applicants are seeking withdrawal of entire amount of compensation which has been deposited by the respondent acquiring body. This Court, in similar other matters, has already permitted withdrawal of whatever amount deposited by the acquiring body to the concerned claimants therein. In view of the same, the applicants are permitted to withdraw the entire deposited amount, which is 50% of the impugned award along with interest accrued thereon till date, on

{2} furnishing usual undertaking to the satisfaction of the Registrar (J) of this Court.

Civil application is accordingly disposed of.

{3} CIVIL APPLICATION NO.7785 OF 2021 IN The M. K. V. D. C., through Executive Engineer, Osmanabad and others Applicants Narayan Deu Wakle (dead), Mr. A. M. Gaikwad, advocate for applicants.

Mr. S. R. Yadav Lonikar, AGP for Respondent-State. Mr.Madhav K. Jadhav, advocate holding for Mr. A. S. More, advocate for Respondents-claimants.

Vide order dated 10th August, 2021, interim stay on deposit of 50% of the impugned award has already been granted. The said amount is also allowed to be withdrawn by the claimants. As such, the Application for stay is made absolute in terms of prayer clause "A".

{4} The M. K. V. D. C., through Executive Engineer, Osmanabad and others Appellants Narayan Deu Wakle (dead), Mr. A. M. Gaikwad, advocate for appellants.

Mr. S. R. Yadav Lonikar, AGP for Respondent-State. Mr. Madhav K. Jadhav, advocate holding for Mr. A. S. More, advocate for Respondents-claimants.

Heard.

Admit.

Learned Counsel for respective respondents waive service.