Raghunath Balaji Jagtap (Died) Thr Lrs Madhavrao (Died) Thr Lrs Baban And ORS v. The Cidco Aurangabad And ORS

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14330 OF 2019 IN CIVIL APPLICATION NO.9705 OF 2009 IN FIRST APPEAL NO.1677 OF 2009 Raghunath Balaji Jagtap (Died) Lrs & Others APPLICANTS

VERSUS

The CIDCO and Others RESPONDENTS WITH CIVIL APPLICATION NO. 14333 OF 2019 IN CIVIL APPLICATION NO.9681 OF 2009 IN FIRST APPEAL NO.1676 OF 2009 Rukhmanbai Sarjerao Jagtap APPLICANT

VERSUS

The CIDCO and Others RESPONDENTS WITH CIVIL APPLICATION NO. 14335 OF 2019 IN CIVIL APPLICATION NO.9680 OF 2009 IN FIRST APPEAL NO.1674 OF 2009 Madhavrao Raghunath Jagtap (Died) Lrs & Others APPLICANTS

VERSUS

The CIDCO and Others RESPONDENTS .......

Dr. Hiraji T. Gaikwad, Advocate for applicants Mr. Ruchir Wani h/f Mr. A. S. Bajaj, Advocate for respondent No.1

{2} Mr. S. N. Kendre, AGP for respondent State .......

[CORAM : SUNIL P. DESHMUKH AND B. U. DEBADWAR, JJ.] DATE : 10 th JANUARY, 2020 ORDER :

1.

These are applications for modification of order dated 8th October, 2009 passed by this Court in civil applications for withdrawal of amount.

2.

Learned advocate for the applicants points out that in similar group of matters, in similar situation, modification had been allowed under order dated 19th June, 2015 in civil application No.6611 of 2015 in first appeal No. 3534 of 2008. 3.

Since it is being submitted that the present applicants are similarly situated, as applicants in that civil application, we deem it expedient to pass order to similar effect in the same terms as under4.

The applicants are not in a position to furnish bank guarantee and, as such, are seeking permission to furnish solvent security for the purposes of withdrawal of 25% of amount, as directed by Division Bench of this court earlier in view of paragraph No. 7 of the order dated 8th October, 2009

{3} 5.

Civil applications are accordingly disposed of in terms of prayer clause "B".

[B. U. DEBADWAR] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/ca14330-19