Arun Kashinath Koli (Died) Thr Lrs. Manjulabai Arun Koli And ORS v. The State Of Maharashtra, Through Collector, Jalgaon And ORS

2025:BHC-AUG:3039-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10713 OF 2024 IN FIRST APPEAL NO.1370 OF 2021 1.1 Arun Kashinath Koli, Died, L.Rs.

1.1A Manjulabai arun Koli & others ... APPLICANTS

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Ms Sakshi Kale, Advocate holding for Mr. A.B. Kale, Advocate for applicants Mrs. K.B. Patil Bharaswadkar, A.G.P. for R.No.1 & 2 Mr. A.D. Pawar, Advocate for R.No.3 & 4 .......

WITH CIVIL APPLICATION NO.13378 OF 2024 IN FIRST APPEAL NO.1364 OF 2021 Madhukar Shalik Sapkale & others ... APPLICANTS

VERSUS

The Executive Engineer, Girna Canal Renovation Division No.2, Jalgaon & ors.

... RESPONDENTS .......

Ms Sakshi Kale, Advocate holding for Mr. A.B. Kale, Advocate for applicants Mrs. K.B. Patil Bharaswadkar, A.G.P. for R.No.1 & 2 Mr. A.D. Pawar, Advocate for R.No.3 & 4 .......

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CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 24th JANUARY, 2025 O R D E R :

These Civil Applications are filed for withdrawal of the amount which is deposited by the respondent - acquiring body.

2.

Learned Advocate for the applicants/ claimants submits that, the applicants may be allowed to withdraw another 25% amount, which has now been deposited by the acquiring body since according to her, the said amount is far below the amount awarded. She submits that, necessary undertaking would be given by the applicants/ claimants. 3.

The applications for withdrawal of amount are opposed by learned Advocate for the acquiring body. He submits that, if the appeals are heard, the acquiring body is likely to succeed. He submits that the appeals may be heard finally.

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4.

It is not in dispute that so far only 50% of the amount under the impugned award has been deposited by the acquiring body. The acquiring body has not yet deposited remaining 50% of the amount along with interest. We, therefore, see no impediment to permit the applicants/ claimants to withdraw another 25% amount deposited by the acquiring body.

5.

Hence, the applicants are permitted to withdraw another 25% amount, which has now been deposited by the acquiring body, along with interest accrued thereon, subject to furnishing regular undertaking(s) to the satisfaction of learned Registrar (Judicial) of this Court. The applications for withdrawal of amount, as such, stand disposed of. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-