Bhagwat Dadasaheb Borkar v. The Executive Engineer, Minor Irrigation Division, Jalna Thr Asst. Eng. Prashant And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.9275 OF 2015 FIRST APPEAL NO.68 OF 2014 Bgagwat w/o Dadasaheb Borkar CIVIL APPLICATION NO.9280 OF 2015 FIRST APPEAL NO.75 OF 2014 Shivkumar Amrutrao Solanke and ors.

..Applicants Mr P.R. Katneshwarkar, Advocate for applicants CIVIL APPLICATION NO.9276 OF 2015 FIRST APPEAL NO.70 OF 2014 Rukmanibai Sakharam Gore

Mr P.R.Katneshwarkar, Advocate for applicant Mr D.R. Korde, A.G.P. for respondent Nos 2 and 3 CIVIL APPLICATION NO.9279 OF 2015 FIRST APPEAL NO.69 OF 2014 Vishnu Balaram Gore Mr P.P. More, A.G.P. for respondent Nos 2 and 3 CIVIL APPLICATION NO.9282 OF 2015 FIRST APPEAL NO.73 OF 2014 Bapurao Uttamrao Borkar

CIVIL APPLICATION NO.9283 OF 2015 FIRST APPEAL NO.71 OF 2014 Sandeep Uttamrao Gore Mr D.R. Korde, A.G.P. for respondent Nos 2 and 3 CIVIL APPLICATION NO.9284 OF 2015 FIRST APPEAL NO.76 OF 2014 Walhabai Ramdas Gore Mr P.R. Katneshwarkar, Advocate for applicant Mr P.P. More, A.G.P. for respondent Nos 2 and 3 CIVIL APPLICATION NO.9285 OF 2015 FIRST APPEAL NO.77 OF 2014 Eknath Dadasaehb Borkar

CIVIL APPLICATION NO.9281 OF 2015 FIRST APPEAL NO.74 OF 2014 Usha Manikrao Borkar Mr P.R. Katneshwark, Advocate for applicant CORAM : N.W. SAMBRE, J.

DATE : 14th August 2015 PER COURT 1.

The amounts deposited in this Court are sought to be withdrawn by the claimants pursuant to the dismissal of the appeals by judgment/order dated 11th February, 2015, preferred by the acquiring body.

2.

Mr Arora, learned Counsel for respondent No.1-acquiring body would urge that he needs to take instructions so as to prefer appeal against the judgment of dismissal of appeals preferred by the acquiring body.

3.

The said request is opposed by learned Counsel for the claimants, as according to them, the appeal period is already over and these matters are adjourned time and again at the behest of acquiring body.

4.

In my opinion, once the appeals of the acquiring body are already disposed of and the time for filing appeal is already over, it will be appropriate to allow the claimants to withdraw the amount. 5.

In view of above, the amount deposited in this Court is permitted to be withdrawn by the claimants.

6.

Civil Applications stands allowed in above terms. ( N.W. SAMBRE, J.) vvr