← Library
Bombay High CourtCA/1992/2015admittedallowedgrantedrule absolute

Jyotesingh Sardarsingh Rajput(Died) Lrs Bhatesingh Jyotisingh Girase And Others v. The Executive Engineer Dhule Medium Project Division No. 1 And Another

2015-03-03Hon'Ble Shri Justice M.T. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1986 OF 2015 IN FIRST APPEAL NO. 1681 OF 2010 Rajendra Paulad Patil .. Applicant

VERSUS

The Executive Engineer, Dhule Medium Project Division No.2 and anr.

.. Respondents AND CIVIL APPLICATION NO. 1990 OF 2015 IN FIRST APPEAL NO. 1710 OF 2010 Indrasingh Gotesingh Raput died through LRs. and others .. Applicants

VERSUS

The Executive Engineer, Dhule Medium Project Division No.2 and anr.

.. Respondents AND CIVIL APPLICATION NO. 1992 OF 2015 IN FIRST APPEAL NO. 1673 OF 2010 Jyotesingh Sardarsingh Rajput died through LRs. and ors.

.. Applicants

VERSUS

The Executive Engineer, Dhule Medium Project Division No.2 and anr.

.. Respondents AND CIVIL APPLICATION NO. 2000 OF 2015 IN FIRST APPEAL NO. 1680 OF 2010 Mangalabai Mansingh Rajput .. Applicant

VERSUS

The Executive Engineer, Dhule Medium Project Division No.2 and anr.

.. Respondents

---- Mr. A.B. Kale, Advocate for the applicant in all CAs Mr. S.P. Daund, Mr. S.M. Jadhav and Mr. S.G. Sangle, AGPs for the respondent/State Smt. Vaishali Jadhav, Advocate for respondent no.1 in all matters ---- CORAM : M.T. JOSHI, J.

DATE : 03/03/2015 ORAL ORDER :

1.

Heard.

2.

Learned counsel for the applicants files on record the true copies of the various orders passed by this Court regarding the modification in the conditions imposed while allowing the respective applicants to withdraw the amount. The said orders are accepted on record and collectively marked as "X" for the purpose of identification. The present appeals are arising out of the same group.

3.

In the circumstances, similar orders, as are passed in Civil Application no. 12179 of 2013 in FA/1676/2010 vide order dated 18/10/2013 and in Civil Application no. 3733 of 2012 in FA/988/2010 and other connected civil applications vide order dated 15/6/2012, is now passed.

4.

The orders dated 16/09/2011 and 20/01/2012 passed earlier, allowing the present applicants to withdraw the amount, are now modified as under:- 5.

The applicants are allowed to withdraw 50% of the amount deposited on furnishing an undertaking that in the event the appeals are allowed and the applicants are required to deposit the amount, they shall deposit the same within a period of one month from date of such orders.

6.

Remaining 50% of the amount deposited is allowed to be withdrawn by the applicants on furnishing solvent surety/security of the said amount to the trial Court.

7.

Civil Applications accordingly stand disposed of.

[M.T. JOSHI] JUDGE arp/