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Bombay High CourtFA/2193/2012disposed offdismissed for default

The Executive Engineer Jalna Minor Irrigation Division Jalna v. Santosh Natha Dashrath And ORS

2016-01-23Shri Justice J P Devadhar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) FA NO.2195 OF 2012 921 FIRST APPEAL NO. 2195/2012 WITH FA/2193/2012 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALNA AND ORS

VERSUS

SARASWATIBAI NATHA DASHRATH ...

Advocate for appellant: Mr.R.C. Patil, Advocate for respondent no.1. :Mr.S.S.Patunkar h/f J.P.legal Associates AGP for Respondent State: Mr.S.N.Morampalle ...

CORAM : P.R. BORA, J.

Dated: August 24, 2016 ...

PER COURT :- 1.

The present appeals were placed before the Lok Adalat held on 23rd January, 2016, and compromise has been arrived at in between the parties in these matters before the Lok Adalat. The Lok Adalat has accordingly passed an order in terms of the compromise arrived at in between the parties.

2.

As per the compromise arrived at between the parties, the claimants are held entitled for amount of 87.5 per cent of the awards which have been impugned in the present appeals. Shri Patil, learned Counsel appearing for the appellant, brought to the notice of this Court that the AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) FA NO.2195 OF 2012 acquiring body has deposited hundred per cent of the amount under the awards which are impugned in the present appeals.

3.

In view of the fact that the claimants are held entitled for 87.5 per cent of the amount as per the award impugned in the present appeals, the appellants are entitled for refund of 12.5 per cent of the deposited amount since they have deposited hundred per cent of the amount under the award along with the interest accrued thereon.

3.

The present appeals stand disposed of in terms of the compromise arrived at between the parties. 12.5 per cent of the amount deposited by the appellant in this Court be refunded to the appellant along with the interest accrued thereon.

( P.R. BORA, J. ) ...

AGP/-