Kondiba Thaka Devkate (Died) Thr Lrs Uttam And ORS v. The State Of Maharashtra And Others

977ca11718.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 977 CIVIL APPLICATION NO. 11718 OF 2017 IN FAST/6952/2015 KONDIBA THAKA DEVKATE (DIED) THR LRS UTTAM AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Kasar Rajendra S. AGP for Respondents State: Mr. S. S. Dande Advocate for Respondent No.3 : Mr. G. B. Rajale

CORAM

: K. L. WADANE, J.

DATE :

20th September, 2017 ORDER:

1.

Heard learned counsel for the respective parties.

2.

The applicants are praying for withdrawal of the amount deposited by the appellant before the executing Court in pursuance of the order passed by this Court on 16.10.2015.

3.

After hearing the learned Counsel for the applicants and the learned Counsel appearing for the acquiring body, I find it appropriate to allow the applicants to withdraw 50% of the amount so deposited by the acquiring body before the executing Court on submitting an undertaking that, in case any adverse order is passed against them and amount of compensation is decreased, they will redeposit the amount so 1/2

977ca11718.odt withdrawn by them within next two months after passing of the order.

4.

Remaining 50% amount be invested in any Nationalized Bank for a period till disposal of the appeal.

5.

Civil Application is accordingly disposed of. (K. L. WADANE, J.) JPC 2/2