Bombay High CourtFA/3513/2016withdrawn

The Executive Engineer, Majalgaon Canal, Division No.10, Parbhani And Others v. Nivrutti Bapu Khandare Died Thr His Lrs Gajabai And Another

2018-02-16Hon'Ble Shri Justice M.S. Sonak2 pages

FA 3513/16 with CA 12609/15 in FAST 28594/15 & others - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.3513 OF 2016 WITH CA/12609/2015 IN FAST/28594/2015 WITH CA/12610/2015 IN FAST/28594/2015 WITH CA/12613/2015 IN FAST/28758/2015 WITH CA/12614/2015 IN FAST/28758/2015 WITH FA/3514/2016 WITH FA/4383/2016 WITH FA/4384/2016 WITH FA/4385/2016 THE EXECUTIVE ENGINEER, MAJALGAON CANAL, DIVISION NO.10, PARBHANI AND OTHERS.

...APPELLANTS..

VERSUS

NIVRUTTI BAPU KHANDARE DIED THR HIS LRS GAJABAI AND ANOTHER.

...RESPONDENTS..

.....

Advocate for Appellants : Patil Ruturaj C.

Advocate for Respondent nos.1 & 2 : S.V. Kuptekar in FA 3513/16 & 3514/16.

Shri Arvind Deshmukh, Advocate for respondent no.1 in CAs 12609/15, 12613/15 & FA 4385/16.

Shri N.K. Tungar, Advocate for respondent no.1 in FAs 4383/16 & 4384/16.

Shri A.M. Phule, AGP for the State.

CORAM: M.S. SONAK, J.

DATE: 16.02.2018 ORDER :

1] Learned counsel for the appellants, on the basis of written instructions from the appellants, seeks leave to withdraw these appeals / applications. The written instructions are taken on record and marked as 'X' for the purpose of identification.

2] The written instructions have been issued since it is found that the enhancement granted by the Reference

FA 3513/16 with CA 12609/15 in FAST 28594/15 & others - 2 - Court is well within the limits specified in the Government resolutions dated 3.11.2016 and 23.2.2017. 3] In view of above, the appeals and the civil applications are permitted to be withdrawn and disposed of as such.

4] The appellants / applicants shall be entitled to refund of Court fees in accordance with the rules as also the decision of this Court in Sanjeevkumar Harakchand Kankariya v. Union of India & others (2015 (2) Mh.L.J., 157).

5] In view of disposal of the appeals / applications, the amount of compensation deposited by the appellants / applicants in this Court is permitted to be withdrawn by the respondent - claimants. It is pointed out that portion of this compensation has already been withdrawn by the respondent - claimants. Needless to add that the withdrawal shall be alongwith interest that has accrued on the deposited amount.

(M.S. SONAK, J.) ndk/c1621824.doc