← Library
Bombay High CourtCA/11960/2019disposed offdismissed for default

Venkatesh Sahebrao Raje (Nimbalkar) v. Gmidc Aurangabad Thr The Exe Engineer And ORS

2020-02-28Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice B. U. Debadwar3 pages

1 11959.2019ca..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO.11959 OF 2019 IN FA/3388/2016 AJITSINH SAHEBRAO RAJE .. Applicant

VERSUS

GMIDC THR THE EXECUTIVE ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD AND ORS .. Respondents ...

Advocate for Applicant : Shri Mobin H. Shaikh h/f. Shri Vikram R Dhorde Advocate for Respondent No.1 : Smt Kalpalata Patil Bharaswadkar AGP for Resondent state : Shri S.N. Kendre Advocate for Respondent Nos.5 to 7 : Shri V.V. Ingale ...

WITH CIVIL APPLICATION NO.11961 OF 2019 IN FA/668/2018 AJITSINH SAHEBRAO RAJE (NIMBALKAR) .. Applicant

VERSUS

GMIDC AURANGABAD THR THE EXE.

ENGINEER AND ORS .. Respondents ...

Advocate for Applicant : Shri Mobin H. Shaikh h/f. Shri Vikram R Dhorde AGP for Respondent - State : Shri S.N. Kendre Advocate for Respondents No.5 to 7 : Shri V.V. Ingale WITH CIVIL APPLICATION NO.11960 OF 2019 IN FA/669/2018 VENKATESH SAHEBRAO RAJE (NIMBALKAR) .. Applicant

VERSUS

GMIDC AURANGABAD THR THE EXE.

ENGINEER AND ORS .. Respondents ....

2 11959.2019ca..doc Advocate for Applicant : Shri Mobin H. Shaikh h/f. Shri Vikram R Dhorde AGP for Respondent - State : Shri S.N. Kendre Advocate for Respondents No.5 to 7 : Shri V.V. Ingale ....

WITH CIVIL APPLICATION NO.12032 OF 2019 IN FA/3387/2016 VENKATESH SAHEBRAO RAJE (NIMBALKAR) .. Applicant

VERSUS

GMIDC THR THE EXECUTIVE ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD AND ORS .. Respondents ...

Advocate for Applicant : Shri Mobin H. Shaikh h/f. Shri Vikram R Dhorde Advocate for Respondent No.1 : Smt Kalpalata Patil Bharaswadkar AGP for Resondent state : Shri S.N. Kendre Advocate for Respondent Nos.5 to 7 : Shri V.V. Ingale CORAM : SUNIL P. DESHMUKH & B. U. DEBADWAR, JJ.

Date : 28-02-2020 PER COURT :

1.

Learned counsel for the applicants submits that, the respondents in Special Civil Suit No.106 of 2011 inter se had entered into a compromise on 30-11-2012 and according to the terms of the same, the applicants are entitled to share in the compensation amount. Learned counsel further states that, he is appearing for the original claimants as well as added parties to the first appeals and that, the original claimants do not have any

3 11959.2019ca..doc particular resistance to offer for withdrawal in proportion of their share as per compromise, by the applicants from the amount allowed to be withdrawn by this court.

2.

In view of aforesaid, present applicants are allowed to withdraw, in proportion of their share from the amount allowed to be withdrawn by this court pursuant to order dated 31-07-2018 in First Appeals No.669 of 2018, 3387 of 2016, 668 of 2018 and 3388 of 2016.

3.

Learned counsel for respondents submit that, they have verified the position.

4.

Civil applications disposed of accordingly.

( B. U. DEBADWAR, J. ) ( SUNIL P. DESHMUKH, J. )