The Ex. Engineer, Osmanabad Medium Project Div. Osmanabad v. Savalaram Abaji Khartude And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 935 CIVIL APPLICATION NO.10272 OF 2023 IN FAST/26043/2020 SAVALARAM ABAJI KHARTUDE SINCE DECEASED HENCE THR LRS.
ANUSAYABAI BABASAHEB AATULE
VERSUS
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIV.OSMANABAD & OTHERS ...
Advocate for the Applicant : Mr.A.R.Devakate AGP for Respondent-State : Mr.K.N.Lokhande Advocate for Respondent no.1 : Mr.M.S.Kulkarni ...
WITH CIVIL APPLICATION NO.1225 OF 2021 IN FAST/26043/2020 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD
VERSUS
SAVALARAM ABAJI KHARTUDE SINCE DECEASED THROUGH L.Rs.
ANUSAYABAI BABASAHEB AATULE & OTHERS ...
Advocate for the applicant : Mr.M.S.Kulkarni Advocate for the respondent no.1A : Mr.A.R.Devakate AGP for Respondent-State : Mr.K.N.Lokhande ...
WITH CIVIL APPLICATION NO.1226 OF 2021 IN FAST/26043/2020
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD
VERSUS
SAVALARAM ABAJI KHARTUDE SINCE DECEASED THROUGH L.Rs.
ANUSAYABAI BABASAHEB AATULE & OTHERS ...
Advocate for the applicant : Mr.M.S.Kulkarni Advocate for the respondent no.1A : Mr.A.R.Devakate AGP for Respondent-State : Mr.K.N.Lokhande ...
CORAM :ARUN R. PEDNEKER, J.
DATE :05.09.2023 P.C. :
A] ORDER IN CIVIL APPLICATION NO.10272 OF 2023 FOR WITHDRAWAL OF AMOUNT :
The present Civil Application is filed to withdraw the amount deposited by the respondent - acquiring body in this Court.
The learned counsel for the applicants submits that this Court, by order dated 28th April, 2023 in Civil Application no.4037 of 2023 along with connected matters, permitted the applicants therein to withdraw the amount deposited by the acquiring body and same order may be passed in the present Civil Application.
3] In the present Appeal, 60% of the entire compensation awarded amount is deposited in this Court. 4] In view of the order passed in the connected matters, the applicants are permitted to withdraw the entire amount of compensation along with the interest accrued thereon till the date on giving undertaking to the satisfaction of the Registrar [Judicial] of this Court. 5] Civil Application is disposed of accordingly. B] ORDER IN CIVIL APPLICATION NO.1225 OF 2021 FOR CONDONATION OF DELAY :
The present Civil Application is filed to condone the delay of 212 days in filing the First Appeal. The learned counsel appearing for the respondents have no objection to allow the present Civil Application.
3] For the reasons stated in the Civil Application, the same is allowed. Appeal be registered. Civil Application is disposed of accordingly.
C] ORDER IN CIVIL APPLICATION NO.1226 OF 2021 FOR STAY :
List this matter on 10th October, 2023.
The parties are permitted to submit calculations on the next date.
3] Interim relief, if any, to continue till the next date.
[ARUN R. PEDNEKER] JUDGE DDC