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Bombay High CourtCA/12977/2014disposed off

The Executive Engineer Lower Terna Project Latur And Others v. Pandurang Bapu Patil Died Thr Lrs Rukminbai Pandurang Patil And ORS

2023-06-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

919-CA-6827-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 6827 OF 2023 IN FIRST APPEAL (ST) NO. 28840 OF 2014 WITH CA/12977/2014 IN FAST/28840/2014 PANDURANG BAPU PATIL DIED THR LRS RUKMINBAI P. PATIL (DIED) THR LRS KAKASAHEB AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THR THE DISTRICT COLLECTOR OSMANABAD AND OTHERS ...

Mr. P.B. Rakhunde - Advocate for Applicants Mr. S.S. Dande - AGP for Respondent Nos.1 and 2, State Mr. B.B. Gunjal - Advocate for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 9th June, 2023 PER COURT :

CIVIL APPLICATION NO. 6827 OF 2023 1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of entire amount of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon.

3.

This Court vide order dated 7th April, 2022 in other connected matters has already granted withdrawal of entire amount of compensation alongwith the interest to the Pooja K.

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919-CA-6827-2023 applicants therein.

4.

As such, the applicants herein are permitted to withdraw entire amount of compensation alongwith the interest i.e. 50% on furnishing usual undertaking and 50% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

5.

The civil application is accordingly disposed of. CIVIL APPLICATION NO. 12977 OF 2014 6.

The appellant - acquiring body is seeking condonation of delay of 580 days, which appears to be cause due to obtaining sanctions at various stages. There is not strong objection from other side and therefore the delay of 580 days stands condoned.

7.

The appeal be placed for admission after removal of office objections, if any.

8.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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