Sayyad Rahimtulla Abbas Sayyad (Died) Thr His Lrs. Noormahammad R. Sayyad And ORS v. The State Of Maharashtra Through Collector, Osmanabad And Others

{1} CIVIL APPLICATION NO.14599 OF 2022 IN Sayyad Rahimtulla Abbas Sayyad (died) and others The State of Maharashtra & others Mr. A. S. More, advocate for the Applicants Ms. S. D. Shelke, advocate for Respondent No.3. Heard rival submissions.

The applicants are seeking deletion of name of applicant no.1 - Halima Rahimtulla Abbas Sayyad who is also Respondent No.1 in the appeal, since the remaining applicants being her legal heirs, are already on record. As per the copy of the death certifcate of Halima, she died on 12th October, 2019. As such, there is delay of 1006 days for fling this application. The learned Counsel for the Respondent-acquiring body did not raise any strong objection since the appeal is to be proceed further.

{2} In view of the same, the application is hereby allowed in terms of prayer clause "B" and "C". The appellant-acquiring body is directed to carry out the deletion forthwith. Civil Application is accordingly disposed of.

{3} CIVIL APPLICATION NO.6803 OF 2021 IN The Executive Engineer, Seena Kolegaon Medium Project, Donja, Tq. Paranda & others Sayyad Rahimtulla Abbas Sayyad, died, through L. Rs.

Ms. S. D. Shelke, advocate for the Applicants Mr. A. S. More, advocate for the Respondents. The acquiring body, who has fled this appeal, is seeking condonation of delay of 511 days which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the other side.

As such, delay of 511 days stands condoned. The appeal be placed for admission after removal of offce objections, if any.

Civil Application is accordingly disposed of.

{4} CIVIL APPLICATION NO.14600 OF 2022 IN Sayyad Rahimtulla Abbas Sayyad (died) and others The State of Maharashtra & others Mr. A. S. More, advocate for the Applicants Ms. S. D. Shelke, advocate for Respondent No.3. Heard rival submissions.

The record shows that the acquiring body has deposited 50% amount of the impugned award. The learned Counsel for the applicants pointed out that in other similar matters, 50% amount deposited by the acquiring body has been allowed to be withdrawn by the applicants therein.

As such, the applicants herein are also permitted to withdraw the aforesaid amount of 50% of the impugned award, as deposited by the acquiring body, on usual undertaking to the satisfaction of the Registrar (J) of this Court.

Civil Application is accordingly disposed of.