Ex. Engineer, Patbandhare Majbutikaran Div. Omerga And ORS v. Vishwanath Dhondiba Gaikwad
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 16788 OF 2022 IN FIRST APPEAL ST. NO. 21549 OF 2020 Vishwanath s/o Dhondiba Gaikwad died, through L. Rs.
Applicants
Versus
The State of Maharashtra & others Respondents Ms. L. R. Thakur, advocate holding for Mr. L. C. Patil, advocate for the Applicants Mr. S. R. Yadav Lonikar, AGP for Respondents No. 1 & 2. Ms. S. D. Shelke, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.
DATE : 14th December, 2022.
PC :
The learned Counsel for the acquiring body undertakes to carry out the amendment as per order dated 20.04.2022 today itself.
Heard rival submissions.
The applicants are seeking withdrawal of compensation amount. In other connected matters, the applicants therein are already permitted to withdraw 75% of
{2} the deposited amount by this Court vide order dated 20.04.2022.
In view of the same, the applicants herein are permitted to withdraw 50% of the deposited amount along with accrued interest thereon by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court. The applicants are also permitted to withdraw 25% of the deposited amount along with the accrued interest thereon by furnishing solvent surety/security. The remaining 25% of the compensation amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis till fnal disposal of this appeal.
Civil Application is disposed of.
(SANDIPKUMAR C. MORE) JUDGE adb
{3}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 7935 OF 2020 IN FIRST APPEAL ST. NO. 21549 OF 2020 Executive Engineer, Patbandhare Majabutikaran Division, Omerga and others Applicants
Versus
Vishwanath Dhondiba Gaikwad, (died) through L. Rs.
Respondents Ms. S. D. Shelke, advocate for the applicants. Ms. L. R. Thakur, advocate holding for Mr. L. C. Patil, advocate for the Respondents.
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 14th December, 2022.
PC :
The learned Counsel for the applicant-acquiring body has carried out the amendment as per the order dated 20.04.2022.
Heard rival submissions.
The applicant is seeking condonation of delay of 560 days which appears to be caused due to obtaining sanctions at various stages. There is no strong oppose to the
{4} application from the other side. Thus, delay of 560 days stands condoned.
The appeal be placed for admission after removal of offce objections, if any.
Civil Application is disposed of.
(SANDIPKUMAR C. MORE) JUDGE adb