Kantabai Manmath Chendake (Died) Thr. Lrs. Usha (Died) Thr. Lrs. Vyankant Kisan Bansode And ORS v. The Ex. Engineer, Minor Irrigation Division Osmanabad And ORS

2024:BHC-AUG:28251 ( 1 ) ca9254.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CIVIL APPLICATION NO. 9254 OF 2024 IN FA/4341/2023 KANTABAI MANMATH CHENDAKE (DIED) THR. LRS. USHA (DIED) THR. LRS. VYANKANT KISAN BANSODE AND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 9255 OF 2024 IN FA/4341/2023 Mr.V.V. Ingale, Advocate for the applicants.

Mr.S.C. Arora, Advocate for respondent No.1.

Mr.R.K. Ingole, AGP for the respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 29.11.2024 PC :- CIVIL APPLICATION FOR LRs.

01.

This application is for bringing on record legal representatives of deceased Kantabai Chendake and Usha Bansode, who died on 25.05.2015 and 22.02.2023 respectively. Present applicants are thus now only legal heirs. While filing the application, there is delay of 3272 and 442 days respectively, caused in filing the appeal. 02.

For the reasons stated in the application, the delay is condoned. The application is allowed. The amendment be carried out within two weeks from today.

( 2 ) ca9254.24 CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 01.

Learned Advocate for the applicant relies on the order dated 11.10.2024 passed on C.A. No. 3965 of 2024 in FA No. 4344 of 2023. In view of the same, the following order.

ORDER

(i) Applicants are permitted to withdraw 75% of the deposited amount along with accrued interest on furnishing usual undertaking. The remaining 25% amount is permitted to be withdrawn on furnishing solvent security/surety to the satisfaction of the learned Registrar (Judicial) of this Court. (ii) Civil application is accordingly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2024/nov24/ca9254.24