The Executive Engineer, Osmanabad Medium Project Div. Osmanabad And Another v. Pandharinath Sadhu Kadam

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 10043 OF 2024 IN FAST/21543/2020 AND CIVIL APPLICATION NO. 7987 OF 2020 IN FAST/21543/2020 AND CIVIL APPLICATION NO. 7988 OF 2020 IN FAST/21543/2020 AND CIVIL APPLICATION NO. 7989 OF 2020 IN FAST/21552/2020 AND CIVIL APPLICATION NO. 7990 OF 2020 IN FAST/21552/2020 AND CIVIL APPLICATION NO. 13313 OF 2023 IN FAST/21543/2020 AND CIVIL APPLICATION NO. 13315 OF 2023 IN FAST/21552/2020 THE EXECUTIVE ENGINEER, DHARASHIV M.P.DIVISION DHARASHIV AND ANR ....Applicant

VERSUS

SHINDHUBAI SADHU KADAM AND ORS .....Respondent Mrs. S. D. Shelke, Advocate for the applicant Mr. Vivek Deshmukh, Advocate for the respondent

(2) CORAM : KISHORE C. SANT, J.

DATE : 22nd NOVEMBER, 2024 P. C.

WITHDRAWAL Heard the parties.

The learned advocate for the applicant relies on the order passe by this court dated 17-10-2024 passed in CA/11221/2024.

In view of the same, following order:

ORDER

a] The applicant/claimants are permitted to withdraw entire amount deposited in the office of this court alongwith accrued interest on furnishing usual undertaking.

b] With this, the application stands allowed and disposed off.

(3) DELAY Heard.

For the reasons stated in the application, the delay stands condoned. The application stands allowed. Office to register the appeal.

APPEAL Heard.

Admit.

Call R & P.

4.

Mr. Deshmukh, learned advocate waives service of notice for respondent No.1 on admission.

(4) STAY Since 70% of the amount as per impugned judgment and award is deposited in the office of this court, there shall be stay to the impugned judgment and award till final disposal of the appeal.

The application stands disposed off.

LRS The learned advocate for the applicant seeks leave to correct the name of respondent No.1. Leave granted. The amendment be carried out forthwith.

This application is for bringing on record the legal heirs of the deceased Navnath Kadam who died on 10-06-2019. There is delay of 1767 days caused in filing this application. 4.

For the reasons stated in the application, the delay stands condoned. The application is allowed.

(5) 5.

The amendment be carried out within two weeks from today.

[KISHORE C. SANT, J.] VishalK/939ca10043.24