Shankar Rama Bhale v. The Ex. Engineer, Minor Irrigation Division, Osmanabad And Others

1 960-ca-2583-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2583 OF 2021 IN FIRST APPEAL NO. 456 OF 2021 Bhaskar Bapurao Pawar ... Applicant

Versus

The Executive Engineer Minor Irrigation Division, Osmanabad & ors.

... Respondents AND CIVIL APPLICATION NO. 2581 OF 2021 IN FIRST APPEAL NO. 455 OF 2021 Shankar Rama Bhale ... Applicant

Versus

The Executive Engineer Minor Irrigation Division, Osmanabad & ors.

... Respondents AND CIVIL APPLICATION NO. 2582 OF 2021 IN FIRST APPEAL NO. 457 OF 2021 Dilip Dattu Pawar (Died) Through Lrs

1) Namdev Dlip Pawar

2) Sharad Dilip Pawar ... Applicants

Versus

The Executive Engineer Minor Irrigation Division, Osmanabad & ors.

... Respondents ....

Mr. Vivekanand V. Ingale, Advocate for the applicants Mr. Syam B. Patil, Advocate for respondent No.1 Mr. A. M. Phule, AGP for respondent Nos. 2 and 3 ....

2 960-ca-2583-2021.doc CORAM : R. G. AVACHAT, J.

DATED : 09th JULY, 2021 PER COURT :- .

Heard.

2.

Shri Sham B. Patil, learned Advocate for the appellant - acquiring body submits that the claim has been enhanced manifold. He submits to have a very good case in appeal. 3.

Considering the rival submissions, the applicants are permitted to withdraw 65% of the amount deposited in this Court. Hence, following order:-

O R D E R

(i) The civil applications are partly allowed.

(ii) The applicants are permitted to withdraw 65% of the deposited amount. Out of which, 50% amount is allowed to be withdrawn on furnishing undertaking and balance 15% amount is allowed to be withdrawn on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court. (iii) Balance 35% amount be kept in any nationalised bank till disposal of the first appeal.

[ R. G. AVACHAT, J. ] SMS