Kashinath Thmaji Ranmale Vimalbai Wd/O Kashinath Ranmale, And ANR v. The Executive Engineer, Minor Irrigation Division No 1, And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO. 8794 OF 2025 IN FA/4532/2023 Kashinath Thmaji Ranmale Vimalbai Wd/o Kashinath Ranmale, And Anr

VERSUS

The Executive Engineer, Minor Irrigation Division No 1, And Ors. WITH CIVIL APPLICATION NO. 14238 OF 2023 IN FA/4532/2023 WITH CIVIL APPLICATION NO. 8793 OF 2025 IN FA/4532/2023 ...

Mr. D. A. Bide h/f Mr. Tejas C. Sonawane, Advocate for Applicant. Mr. Anand Chawre, Advocare for Respondent No.1. Smt. R. R. Tandale, AGP for Respondent-State. CORAM : KISHORE C. SANT, J.

DATE : 29th SEPTEMBER 2025.

PC :- 1.

Heard learned Advocates for the parties.

2.

This application is filed by the legal heirs of the original claimantrespondent in the First Appeal, for bringing on record the legal heirs of the deceased Kashinath s/o. Thamaji Ranmale. The deceased died on 4th

( 2 ) February 2020. The present applicants are the legal heirs of the deceased claimant. There is delay of 1891 days caused in filing the present application.

3.

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

4.

With this, civil application stands disposed off. CA/14238/2023 5.

Since the applicant has already deposited the amount in the office of this Court as per impugned judgment and award, application stands allowed.

6.

There shall be stay to the impugned judgment and award till final disposal of the appeal.

7.

With this, application stands disposed off.

WITHDRAWAL 8.

This application is filed for withdrawal of the amount deposited in the office of this Court by the appellant. The application is vehemently opposed by the learned Advocate Mr. Chawre, appearing for the

( 3 ) respondent No.1.

9.

Considering that the entire amount is only to Rs.1,93,586/-, this Court hardly finds any difficulty in allowing the application. Hence, the following order:

ORDER

(i) The application stands allowed.

(ii) The applicants are permitted to withdraw the amount of Rs.1,93,586/- deposited in the office of this Court alongwith accrued interest by giving usual undertaking before the Registrar (Judicial) of this Court.

10.

With this, application stands disposed off.

[KISHORE C. SANT, J.]