The Executive Engineer, Irrigation Project, Strengthening Division, Tuljapur v. Balu Eknath Kokate, Died, His L.Rs

133fa1939.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 133 FIRST APPEAL NO. 1939 OF 2025 WITH CIVIL APPLICATION NO. 10796 OF 2024 IN FA/1939/2025 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT, STRENGTHENING DIVISION, TULJAPUR

VERSUS

BALU EKNATH KOKATE, DIED, HIS L.RS ...

Advocate for Appellant : Mr. Malte Uday S. (Through V.C.) AGP for Respondent Nos. 2 & 3/State : Mr. B.A. Shinde Advocate for Respondents : Mr.P. B. Rakhunde ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 02.09.2025 PER COURT :

ORDER IN FIRST APPEAL :

1.

Mr. P.B. Rakhunde, learned Advocate for Respondent No. 1-A submits that he has instructions to appear for all Claimants. He tenders on record a copy of order dated 26.06.2025 and prays for passing similar order for permitting him to withdraw 75% of the amount deposited by the Acquiring Body in this Court.

2.

Parties are unanimous that in the similarly situated

133fa1939.25 matters this Court permitted to withdraw 50% of the amount on furnishing usual undertaking and 25% of furnishing solvent surety/security. Therefore, I proposed to follow the same course.

3.

The respondents/Claimants shall be entitled to withdraw/receive 50% of the amount deposited on furnishing usual undertaking and further 25% amount deposited on solvent surety/security to the satisfaction of the learned Registrar, (Judicial) of this Court.

ORDER ON STAY APPLICATION :

4.

As the entire amount is deposited, the ad-interim injunction granted stands confirmed.

5.

The Civil Application is disposed of.

( SHAILESH P. BRAHME ) JUDGE mahajansb/