Bombay High CourtCA/1147/2018disposed offdismissed for default

Latabai Shrimant Misal v. The Executive Engineer, Minor Irrigation Division, Jalna And ORS

2018-01-30Hon'Ble Shri Justice M.S. Sonak4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1147/2018 FIRST APPEAL NO.414/2016 Latabai Shrimant Misal.

CIVIL APPLICATION NO.1165/2018 FIRST APPEAL NO.415/2016 Shrimant Sakharam Misal.

CIVIL APPLICATION NO.1185/2018 REJECTED CASE NO.1427/2013 Mangal Kailash Shingare.

- 2 - CIVIL APPLICATION NO.1186/2018 REJECTED CASE NO.1426/2013 Kesharbai Balmukund Lohiya.

CIVIL APPLICATION NO.1187/2018 REJECTED CASE NO.1425/2013 Vishnu Ashok Awaghad & others.

...Applicants..

CIVIL APPLICATION NO.1188/2018 REJECTED CASE NO.1429/2013 Subhash Marotirao Jagdhane.

- 3 - CIVIL APPLICATION NO.1189/2018 REJECTED CASE NO.1431/2013 Ram Maroti Jagdhane.

CIVIL APPLICATION NO.1190/2018 REJECTED CASE NO.1428/2013 Pradeep Balaprasad Rathi.

Shri P.A. Bhosale, Advocate h/f Shri A.B. Kale, Advocate for applicants.

Shri S.C. Arora, Advocate for respondent no.1 in CA Nos. 1147/2018 and 1165/2018.

Shri R.B. Deshmukh, Advocate for respondent no.1 in CA Nos.1185/2018, 1186/2018, 1187/2018, 1188/2018, 1189/2018 and 1190/2018.

Shri A.D. Namde, AGP for respondent no.2.

CORAM: M.S. SONAK, J.

DATE: 30.01.2018 ORDER :

- 4 - 1] Heard learned counsel appearing for the parties. 2] The learned counsel for the applicants points out that in connected matters, 100% withdrawal is permitted. 3] In matters such as these, the orders for withdrawal cannot constitute precedents. The aspects like repayment capacity of the applicants has to be considered. If 100% withdrawal is permitted and thereafter the appeal is allowed, it will become extremely difficult to recover such amount from the applicants. It is generally noticed that after 100% withdrawals are permitted, neither the claimants nor their Advocates take any interest in prosecution of the appeal.

4] For the aforesaid reasons, except the Civil Application No.1186/2018 in which there is office note that the amount is not deposited in this Court, all other civil applications for withdrawal of the amount are disposed of by permitting the applicants to withdraw only 50% of the deposited amount by filing an undertaking that such withdrawal will abide by the final orders in the concerned appeals.

(M.S. SONAK, J.) ndk/c3011839.doc