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Bombay High CourtCA/3660/2021disposed off

Keshav Zipa Chavhan (Died) Thr Lrs Savitribai And ORS v. The Ex. Engineer, Minor Irrigation Division No. 1 Aurangabad And Another

2021-06-09Hon'Ble Shri Justice R. G. Avachat3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3660 OF 2021 IN FIRST APPEAL NO. 3893 OF 2019 Keshav Zipa Chavhan (Died) Through Legal Heirs Savitribai Keshav Chavhan and Others ..APPLICANTS

VERSUS

The Executive Engineer Minor Irrigation Division No.1 and Another ..RESPONDENTS AND CIVIL APPLICATION NO. 3657 OF 2021 IN FIRST APPEAL NO. 3891 OF 2019 Mamraj Hansraj Rathod (Died) Through Legal Heirs Sulochanabai Mamraj Rathod and Others ..APPLICANTS

VERSUS

The Executive Engineer Minor Irrigation Division No.1 and Another ..RESPONDENTS AND CIVIL APPLICATION NO. 3654 OF 2021 IN FIRST APPEAL NO. 3894 OF 2019 Ukha Harlal Rathod (Died) Through Legal Heirs Nivrutti Ukha Rathod and Another ..APPLICANTS

VERSUS

The Executive Engineer Minor Irrigation Division No.1 and Another ..RESPONDENTS 1 / 3

AND CIVIL APPLICATION NO. 3659 OF 2021 IN FIRST APPEAL NO. 3892 OF 2019 Shankar Damla Jadhav (Died) Through Legal Heirs Javaharlal Shankar Jadhav and Another ..APPLICANTS

VERSUS

The Executive Engineer Minor Irrigation Division No.1 and Another ..RESPONDENTS ....

Mr. D.A. Bide, Advocate h/f Mr. V.B. Wayal, Advocate for applicants Mr. S.B. Patil, Advocate for respondent no.1 Mr. B.C. Virdhe, A.G.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATED : 09th JUNE, 2021 PER COURT :

1.

Heard.

2.

Considering the challenge made to the judgment and award passed by the Reference Court, the applicants are permitted to withdraw the amount deposited in this Court to the extent of 50% of furnishing undertaking and further permitted to withdraw to the extent of 25% of furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court and remaining 25% of the amount shall be kept in fixed deposit in any nationalised bank.

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3.

Civil applications are disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 3 / 3