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Bombay High CourtCA/9500/2023admittedallowedgrantedrule absolute

Chandar Tulshiram Gulve (Died) Thr Lrs Sindhubai (Died) Mathura Chandar Gulve And ORS v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

2024-04-26Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:9157 910-CA-9500-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 9500 OF 2023 IN FA/2584/2021 CHANDAR TULSHIRAM GULVE (DIED) THR LRS SINDHUBAI (DIED) MATHURA CHANDAR GULVE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr. Sushant B. Choudhari AGP for Respondents No.1 and 2 : Mr. N. B. Patil Advocate for Respondent No.3 : Ms. Prashanti Sharad Tambat holding for Mrs. S. G. Chincholkar ...

WITH CIVIL APPLICATION NO. 5122 OF 2021 IN FA/2584/2021 WITH CIVIL APPLICATION NO. 13011 OF 2023 IN FA/2584/2021 ...

911 CIVIL APPLICATION NO. 12828 OF 2023 IN FA/2594/2021 BAPUSAHEB BHIMRAO GULVE (DIED) THR LRS. SAVITA BAPUSAHEB GULVE AND OTHERS

VERSUS

EX. ENGINEER, OSMANABAD MINOR IRRIGATION DIV. OSMANABAD AND OTHERS ...

Advocate for Applicant : Mr. Sushant B. Choudhari Advocate for Respondent No.1 : Mr. Apparao Yenegure AGP for Respondents No.2 and 3 : Mrs. M. L. Sangit ...

WITH CIVIL APPLICATION NO. 12830 OF 2023 IN FA/2595/2021 WITH CIVIL APPLICATION NO. 12832 OF 2023 IN FA/2593/2021 WITH CIVIL APPLICATION NO. 12831 OF 2023 IN FA/2593/2021 WITH CIVIL APPLICATION NO. 12829 OF 2023 IN FA/2594/2021 WITH CIVIL APPLICATION NO. 13012 OF 2023 IN FA/2595/2021 ...

CORAM : S. G. MEHARE, J.

DATE : 26-04-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for the appellant.

910-CA-9500-23.odt 2.

The Court directed the appellant to deposit the entire amount of compensation. However, there is a difference on calculations. The appellant has deposited some portion of compensation. The calculation chart of the appellant shows that huge amount is yet to be deposited as compared to the amount deposited with this Court. At this juncture, all applications for withdrawal of amount deserve to be allowed. Hence, the order;

ORDER

i) The applications for withdrawal are allowed.

ii) The applicants are allowed to withdraw the amount with interest deposited with this Court on the condition that they would deposit the amount, if the impugned judgment and award is reversed.

iii) The applicants will have a right to file further application for withdrawal after depositing the balance amount. iv) Last opportunity granted to the applicants to go through the calculations within two weeks. The appellant should deposit the balance amount within two weeks thereafter. v) Stand over to 10.07.2024.

( S. G. MEHARE ) JUDGE rrd