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Bombay High CourtCA/12492/2022disposed off

Rangnath Gana Sonawane (Died) Thr Lrs. Ankush Rangnath Sonwane And Others v. The State Of Maharashtra Through Collector, Osmanabad And ANR

2023-01-17Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12493 OF 2022 IN FIRST APPEAL NO. 2125 OF 2019 Rangnath Gana Sonawane (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & another Respondents Mr. V. V. Ingale, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th January, 2023.

PC :

Heard rival submissions.

The applicants, being the legal heirs of sole respondent in the main appeal, are seeking permission to bring themselves on record by condoning delay of 73 days. Rangnath died on 02.02.2022.

Considering the right to defend, the application stands allowed in terms of prayer clauses "A" and "B". The State-acquiring body is directed to carry out the amendment forthwith. Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE) JUDGE adb

{2}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12492 OF 2022 IN FIRST APPEAL NO. 2125 OF 2019 Rangnath Gana Sonawane (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & another Respondents Mr. V. V. Ingale, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th January, 2023.

PC :

The applicants are seeking withdrawal of entire compensation amount which has been deposited by the Stateacquiring body. In other connected matter, this Court, vide order dated 18.11.2022, has already permitted the applicants therein to withdraw 75% of the deposited amount and, therefore, the applicants herein are permitted to withdraw 75% of the deposited amount along with proportionate interest accrued thereon till date by furnishing usual undertaking before the Registrar (J) of this Court. The remaining amount be invested in FDR, in any

{3} Nationalised Bank, on yearly renewal basis till fnal disposal of the appeal.

Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE adb