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Bombay High CourtCA/15812/2016disposed offdismissed for default

Pryagbai Gopalrao Gaikwad Dead Thr Her Lrs Vaijanti Bhanudas Shinde And Others v. The Maharashtra Krushna Valley Development Corporation Thr Its Exe Engineer Medium Project And ORS

2017-03-03Hon'Ble Shri Justice V.K. Jadhav2 pages

958 ca.15812.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 15812 OF 2016 IN FA/3124/2016 PRYAGBAI GOPALRAO GAIKWAD DEAD THR HER LRS VAIJANTI BHANUDAS SHINDE AND OTHERS

VERSUS

THE MAHARASHTRA KRUSHNA VALLEY DEVELOPMENT CORPORATION THR ITS EXE ENGINEER MEDIU ...

Advocate for Applicants : Mr. Ingale Vivekanand V. AGP for Respondents: Mr. S.P. Sonpawale Advocate for Respondents-acquiring body : Mr. A.M. Gaikwad .....

CORAM : V. K. JADHAV, J.

DATED : 3rd MARCH, 2017 PER COURT:- 1.

Heard learned counsel for the applicants and learned counsel for the acquiring body. Learned counsel for the acquiring body submits that in the pending execution petitions, arise out of the reference petitions decided by the Reference Court, the executing Court has permitted the applicants in those pending execution petitions to withdraw the entire amount deposited by the acquired body. Learned counsel for the acquiring body submits that the applicants herein may also be permitted to withdraw the amount on furnishing undertaking.

2.

In view of above submission and fact that in other matters, arising out of the same award, the executing Court has permitted the

958 ca.15812.16 -2applicants therein to withdraw the entire amount, the applicants herein are also permitted to withdraw the entire amount on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. 3.

Civil application for withdrawal of the amount is accordingly disposed of.

( V. K. JADHAV, J.) rlj/