Kamalbai Abu Rathod v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

2024:BHC-AUG:23814 1 915-CA-10558-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10558 OF 2024 IN FA/2327/2024 AVINASH GOPINATH JADHAV

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

AND CIVIL APPLICATION NO. 10559 OF 2024 IN FA/2328/2024 KAMALBAI ABU RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

AND CIVIL APPLICATION NO. 10556 OF 2024 IN FA/2326/2024 GOPINATH HIRAJI JADHAV (DIED) LRS RAMABAI AND OTHERS

VERSUS

THE EX. ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIVISION OMERGA AND OTHERS ...

Mr. N.R. Pawte, Advocate h/f Mr. Laxmikant C. Patil, Advocate for Applicant Mr. D.J. Patil, AGP for Respondents Mr. Mukul S. Kulkarni, Advocate for Respondent No.3 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 04th OCTOBER, 2024 PER COURT :

1.

Heard.

2.

It is not in dispute that in connected matters of similarly situated claimants, this Court has permitted to withdraw 50% amount of compensation on furnishing usual undertaking and 15% SVH

2 915-CA-10558-24.odt amount on furnishing solvent surety/security and the balance amount is directed to be invested in fixed deposit in any nationalized bank till disposal of appeal. Appellants / claimants are entitled for the same relief.

3.

In that view of the matter, applications are disposed of by permitting claimants to withdraw 50% amount on furnishing usual undertaking and 15% on furnishing solvent surety / security in the like amount to the satisfaction of Registrar (Judicial) of this Court, along with proportionate interest and the balance amount be deposited in fixed deposit in any nationalized bank till disposal of appeal.

(NITIN B. SURYAWANSHI, J.) SVH