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Bombay High CourtCA/9068/2024admittedallowedgrantedrule absolute

Namdeo Dadarao Gaikwad (Dead) Thr Lrs Tukaram Namdeo Gaikwad v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2024-08-23Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:19109 912-CA-9068-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9068 OF 2024 IN FA/2601/2019 Namdeo Dadarao Gaikwad (dead) Through L. Rs.

Tukaram Namdeo Gaikwad

VERSUS

The State Of Maharashtra Through The Collector, Osmanabad And Others AND CIVIL APPLICATION NO. 9102 OF 2024 IN FA/2599/2019 Namdeo Dadarao Gaikwad (dead) Through L. Rs.

Prafull Dnyanoba Dalimbkar and Others

VERSUS

The State Of Maharashtra Through The Collector, Osmanabad And Others ......

Ms. Mrunal Andhare, Advocate h/f Mr. A.B. Kale, Advocate for Applicant Mr. D.B. Bhange, AGP for Respondent Nos.1 and 2 - State Mr. V.P. Savant, Advocate h/f Mr. A.M. Gaikwad, Advocate for Respondent No.3 ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 23rd AUGUST, 2024 ORDER :

1.

Heard.

2.

For the reasons stated in the application and in view of orders passed in connected matters i.e. Civil Application No.4235/2024 in First Appeal No.2758/2019 and Civil Application No.3593/2024 in First Appeal No.3570 of 2022, application is allowed.

S.P. Rane

912-CA-9068-24 3.

Applicants/original claimants are permitted to withdraw the compensation amount to the extent of 50% out of the amount deposited before this Court on furnishing an undertaking and further 25% of the amount out of the amount deposited before this Court on furnishing solvent security/surety to the satisfaction of Registrar(Judicial) of this Court.

4.

Civil Applications are disposed of.

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane