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Bombay High CourtCA/13296/2021disposed off

Venkat Gopalrao Pawar (Died) Thr Lrs Giraja (Died) Thr Lrs Kanchan And ORS v. The Ex. Engineer Minor Irrigation Div. Osmanabad And ORS

2022-01-21Hon'Ble Shri Justice Vinay Joshi2 pages

(1) ca13296.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.13296 OF 2021 IN FAST/17944/2019 VENKAT GOPALRAO PAWAR (DIED) THR LRS GIRAJA (DIED) THR LRS KANCHAN AND ORS

VERSUS

THE EX. ENGINEER MINOR IRRIGATION DIV. OSMANABAD AND ORS Mr. Vivekanand V. Ingale, Advocate for the applicants Mr. Ruturaj C. Patil, Advocate for the respondent No.3 CORAM:VINAY JOSHI, J.

DATE:21-01-2022 P. C.

.

It is brought to the notice that in connected civil application No. 2403 of 2021 in First Appeal No. 696 of 2020 arising out of the same award this court has considered the similar application and permitted to withdraw 65% of the awarded amount.

2.

There is no reason to take different view.

Hence, the applicants are permitted to withdraw 65% of the amount under the impugned award, 50% amount

(2) ca13296.21 be paid on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this court: and 15% amount be paid on furnishing solvent security/surety. The application stands disposed of.

3.

The amount be disbursed to applicant No.1FHari Venkat Pawar who holds powers of attorney of all legal heirs of original claimants. The applicants' learned counsel upon instructions made a statement that acceptance of amount by applicant No.1F-Hari Venkat Pawar would be for all legal heirs.

[ VINAY JOSHI, J. ] VishalK/ca13296.21