Gokul Deorao Shinde v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

1 ca 10086.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 CIVIL APPLICATION NO.10086 OF 2023 IN FA/1432/2023 WITH CA/8910/2019 IN FA/1432/2023 GOKUL DEORAO SHINDE

VERSUS

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

Advocate for Applicant: Mr. Abhijit S. More AGP for Respondent/State: Mr. N. T. Bhagat Advocate for Respondent No.2:

Mr. Jeevan R. Patil h/f. Mr. Gulab B. Rajale ...

CORAM :ARUN R. PEDNEKER, J.

DATE :29th SEPTEMBER, 2023 PER COURT:

1.

Heard learned counsel for the parties.

The applicant had earlier prayed to withdraw 40% of the amount deposited in this court as only 40% was deposited. Thereafter, further deposit is made by the acquiring body. The learned counsel has also relied upon the earlier order passed by this court dated 01.09.2023 in civil application no.5262 of 2023 with connected matters, wherein this court permitted withdrawal of 60% of the entire decreetal amount.

2 ca 10086.2023 2.

In view of the same, the applicant is permitted to withdraw additional 20% of the entire decreetal amount along with accrued interest on usual undertaking to the satisfaction of the Registrar (Judicial) of this court. The application for withdrawal of amount is allowed and disposed of accordingly.

3.

The entire amount as directed is deposited by the acquiring body. In view of the same, the interim stay is confirmed. The civil application for stay is also disposed of.

4.

The first appeal is admitted. On admission, Mr. A. S. More, learned counsel waives notice for the respondent.

[ARUN R. PEDNEKER, J.] marathe