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Bombay High CourtCA/10129/2019disposed offdismissed for default

Gangubai Pandurangarao Ambhure (Died) Thr Lrs Pandurang (Died) Thr Lrs Sanjawanibai And ORS v. The G.M.I.D.C., Thr The Ex. Engineer, And ORS

2019-12-12Hon'Ble Shri Justice Mangesh S. Patil1 pages

38.1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38.1 CIVIL APPLICATION NO.10129 OF 2019 IN FA/3506/2019 GANGUBAI PANDURANGRAO AMBHURE (DIED) THR LRS. PANDYURANG (DIED) THR LRS. SANJAWANIBAI

VERSUS

THE G.M.I.D.C., THR THE EX.ENGINEER, AND ORS. ...

Advocate for Applicants : Mr. Bhise Vitthal D. AGP for Respondent No. 2: Mr. S.N. Morampalle.

CORAM

: MANGESH S. PATIL, J.

DATE : 12/12/2019 PER COURT :

This is an application by the original claimants seeking withdrawal of the amount.

2.

In fact all the applicants are already on record in First Appeal and only the claimant who is dead his name is to be struck off from the title of the appeal. However, the appellant/Acquiring Body has not been taking any steps.

3.

Be that as it may, in similar matters arising from the same award the claimants therein have been allowed to withdraw 75 % of the amount, therefore a similar order deserves to be passed even in this appeal. 4.

The Civil Application is allowed. The applicants/claimants are allowed to withdraw 75% of the amount deposited in this Court by furnishing undertaking in usual terms.

5.

The Civil Application is disposed of.

( MANGESH S. PATIL, J. ) mkd 1/1