Padmaja Subhashrao Deshmukh Died Thr Lrs Subhash And Others v. The Executive Engineer (C.R.), Division, Pune Pro. Party Is The Dy. Chief Engineer (Cons.) And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13340 OF 2016 IN FIRST APPEAL NO. 685 OF 2016 (Sow. Padmaja w/o Subhashrao Deshmukh died through L.R's. Subhash s/o Rangrao Deshmukh and another Vs. The Executive Engineer and another) AND CIVIL APPLICATION NO. 13339 OF 2016 IN FIRST APPEAL NO. 689 OF 2016 (Shashikant s/o Devidasrao Kulkarni Vs. The Executive Engineer and another) AND CIVIL APPLICATION NO. 13341 OF 2016 IN FIRST APPEAL NO. 684 OF 2016 (Sow. Sangita w/o Vishnupant Godhane and others Vs. The Executive Engineer and another) AND CIVIL APPLICATION NO. 13342 OF 2016 IN FIRST APPEAL NO. 686 OF 2016 (Manik s/o Eknath Chigure and another Vs. The Executive Engineer and another) AND CIVIL APPLICATION NO. 13343 OF 2016 IN FIRST APPEAL NO. 690 OF 2016 (Shri Gajanan Maharaj Mandir Trust, Latur Vs.

The Executive Engineer and another) AND CIVIL APPLICATION NO. 13334 OF 2016 IN FIRST APPEAL NO. 683 OF 2016 (Ashok s/o Nagnath Ghavane and others Vs. The Executive Engineer and another) AND CIVIL APPLICATION NO.13345 OF 2016 IN FIRST APPEAL NO. 688 OF 2016 (Madanlal s/o Mangilal Gilda Vs.

ca13340-2016+ CIVIL APPLICATION NO. 13346 OF 2016 IN FIRST APPEAL NO. 687 OF 2016 (Hariba Eknath Chigure died through his L.Rs. Maruti s/o Haribhau Chigure and another Vs. The Executive Engineer and another) ---- Mr. S.S. Manale, Advocate for the applicants in all the Civil Applications Mr. M.N. Navandar, Advocate for respondent no.1 in all the civil applications Mr. S.J. Salgare, A.G.P. for respondent no.2/State ---- CORAM :

R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : 18th November, 2016 PER COURT :

Heard.

2.

The respondent no.1 - the Acquiring Body was directed to deposit 50% of the amount out of the decreetal amount awarded by the Reference Court and in pursuance to the directions, the amount has been deposited. The applicants in all these applications shall be permitted to withdraw 50% of the amount out of amount deposited by the Acquiring Body, on furnishing an undertaking to this Court to the effect that in the event of success in the first appeals presented by the Acquiring Body, the concerned applicants shall redeposit

ca13340-2016+ the amount now allowed to be withdrawn, within a period of eight weeks from the date of such adverse decision. 3.

The balance amount to the tune of 50% out of the amount deposited by the Acquiring Body shall be permitted to be withdrawn by the applicants on furnishing solvent security or the bank guarantee of a nationalised bank or the scheduled bank.

4.

With the above directions, all the civil applications are disposed of.

[SANGITRAO S. PATIL] [R.M. BORDE] JUDGE JUDGE npj/ca13340-2016+