Pandurang Vishwanath Dhole v. The Ex. Engineer, Minor Irrigation Division Osmanabad Thr Babu Bhagwan Madke And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO.10640 OF 2023 IN FAST/20310/2019 AND CIVIL APPLICATION NO.10537 OF 2023 IN FAST/20310/2019 AND CIVIL APPLICATION NO.10533 OF 2019 IN FAST/20319/2019 AND CIVIL APPLICATION NO.10644 OF 2019 IN FAST/20319/2019 AND CIVIL APPLICATION NO.10531 OF 2019 IN FAST/20328/2019 AND CIVIL APPLICATION NO.10535 OF 2019 IN FAST/20325/2019 AND CIVIL APPLICATION NO.10642 OF 2023 IN FAST/20325/2019 AND CIVIL APPLICATION NO.10641 OF 2023 IN FAST/20313/2019 AND CIVIL APPLICATION NO.10541 OF 2019 IN FAST/20313/2019 AND CIVIL APPLICATION NO.10548 OF 2019 IN FAST/20322/2019 AND CIVIL APPLICATION NO.10546 OF 2019 IN FAST/20316/2019 AND CIVIL APPLICATION NO.10529 OF 2019 IN FAST/20067/2019

(2) THE EX. ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD THR BABU BHAGWAN MADKE AND ORS VS PANDURANG VISHWANATH DHOLE Mr. S. C. Arora, Advocate for the applicants Mr. V. V. Ingale, Advocate for the respondents CORAM : KISHORE C. SANT, J.

DATE: 11th OCTOBER, 2023 P. C.

1.

Time is extended to deposit the amount by two weeks from today as well as in all the connected matters. 2.

After the amount is deposited the original claimantsapplicants in the applications of Mr. Ingale, learned advocate are at liberty to withdraw the said amount.

3.

Though Mr. Arora, learned advocate vehemently opposed the applications for withdrawal stating that the learned reference court has enhanced the amount almost by ten times and same is exorbitant and there is every chance of succeed in the appeals.

(3) 4.

This court finds that no purpose would be served by unnecessarily blocking said meager amount. Hence, the following order:-

ORDER

a] The applications stand allowed.

b] The applicants in applications of Mr. Ingale are at liberty to withdraw 75% of the amount of their respective share on furnishing undertaking that in case appeals succeed, they would redeposit the amount within a period of six weeks thereafter. c] Remaining 25% of the amount shall be released on furnishing solvency to the satisfaction of the learned Registrar (Judicial) of this court. [KISHORE C. SANT, J.] VishalK/9ca10640.23