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Bombay High CourtCA/12344/2018disposed offdismissed for default

Namdeo Bhaurao Sherkar Died Thr Lrs Jalindar Namdeo Sherkar Deceased Thr Lrs Rajabai And ORS v. The Executive Engineer, Lift Irrigation Division, Osmanabad Thr G.M.I.D.C. Aurangabad And Others

2018-10-15Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 12344 OF 2018 IN FA/2068/2016 NAMDEO BHAURAO SHERKAR DIED THR LRS JALINDAR NAMDEO SHERKAR DECEASED THR LRS RAJA

VERSUS

THE EXECUTIVE ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD THR G.M.I.D.C. AURANG ...

Advocate for Applicant : Mr. Deshmukh Vivekanand B. Mr. B. R. Surwase For R/1.

...

CORAM : P.R. BORA, J.

Dated: October 15, 2018 ...

PER COURT :- 1.

When the present matter is taken up for hearing, it is brought to the notice of the Court that legal heirs of deceased Respondent No.3 - Girijabai are already there on record.

2.

In view of the submissions so made, following order is passed, -

ORDER

i.

The applicants - original claimants are permitted to withdraw 50% of the deposited amount on furnishing an undertaking to the satisfaction of Registrar (Judicial) of this Court. The applicants are further permitted to withdraw 25% amount on furnishing BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD bank guarantee of any nationalized / scheduled bank. ii.

Balance 25% amount be invested in FDR of any nationalized/scheduled bank for the period till disposal of the appeal.

iii.

The application for withdrawal of the amount is disposed of.

( P.R. BORA, J. ) ...

BDV