Anandibai Shridhar Magar And ANR v. The Exe. Engineer, Med. Pro. Div., Osmanabad And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.14428 OF 2022 IN FAST/6911/2011 ANANDIBAI SHRIDHAR MAGAR AND ANOTHER

VERSUS

THE EXE. ENGINEER, MED. PRO. DIV., OSMANABAD AND ANOTHER ...

Advocate for Applicants : Mr.

Tripathi Manish P.

and Mr. Kishor J., Ghute Patil AGP for Respondent/s - State : Mr. P. N. Kutti ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12.10.2022 PER COURT :

The learned counsel for the applicants - claimants is seeking permission to withdraw the amount of compensation of Rs.16,59,719/- deposited by the respondent No.1 / Acquiring Body in this Court.

2.

However, the learned AGP pointed out that First Appeal (Stamp) No.6911/2011, wherein this application is filed, is preferred by respondent No. 2 - State and the appeal filed by respondent No.1 - Acquiring Body is having First Appeal (Stamp) No. 31652/2011. Thus, it appears that the Acquiring Body might have deposited the amount in the appeal filed by it i.e. First Appeal (Stamp) No. 31652/2011.

2.

As such, the present application being not maintainable in this appeal, stands disposed of.

3.

The liberty to the applicants /claimants is granted to file fresh application for withdrawal of amount in the appeal filed by the Acquiring Body.

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

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