Parvatibai Nathrao Barule v. G.M.I.D.C. Through Its Exe Engineer And ANR

ca9880.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9880 OF 2015 IN FIRST APPEAL NO. 563 OF 2010 Anil s/o Rangnath Kendre .. APPLICANT

VERSUS

G.M.I.D.C.

& another .. RESPONDENTS Mr. M.S. Patil, advocate for applicant.

Mrs. A.V. Gondhalekar, AGP for the State.

WITH CIVIL APPLICATION NO. 9866 OF 2015 IN FIRST APPEAL NO. 592 OF 2010 Parvatibai Nathrao Barule .. APPLICANT

VERSUS

G.M.I.D.C.

& another .. RESPONDENTS Mr. M.S. Patil, advocate for applicant.

Mr. S.G. Karlekar, AGP for the State.

===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 21st AUGUST, 2015 PER COURT :

1.

It is informed that, remaining 50% amount has been deposited by the acquiring body and, the petitioners are as such seeking leave to withdraw the said amount. Considering the facts and circumstances of the case and following precedent in Civil Application No. 3046/2010 in FA No 570/2010 decided by this Court on 3.5.2010, we direct that the applicants shall be

ca9880.15.doc permitted to withdraw the amount deposited by the acquiring body. The applicants shall be permitted to withdraw 50% amount out of the amount deposited by acquiring body without furnishing solvent security and remaining 50% amount shall be permitted to be withdrawn by furnishing solvent security to the satisfaction of the Executing Court. 2.

Civil applications are accordingly disposed of. ( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb