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Bombay High CourtCA/13021/2018disposed offdismissed for default

Keshav Janardhan Varpe v. The State Of Maharashtra And ORS

2018-10-30Hon'Ble Shri Justice Sunil P. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGBAD CIVIL APPLICATION NO. 13021 OF 2018 IN CIVIL APPLICATION NO. 3746 OF 2018 IN FIRST APPEAL NO. 1460 OF 2018 Keshav Janardhan Varpe ..

Applicant versus The State of Maharashtra and others .. Respondents WITH CIVIL APPLICATION NO. 13022 OF 2018 IN CIVIL APPLICATION NO. 3748 OF 2018 IN FIRST APPEAL NO. 1463 OF 2018 Uttareshwar Tatyaba Yawale ..

Applicant versus The State of Maharashtra and others ..

Respondents WITH CIVIL APPLICATION NO. 13024 OF 2018 IN CIVIL APPLICATION NO. 3747 OF 2018 IN FIRST APPEAL NO. 1461 OF 2018 Bhagwat Janardhan Varpe ..

Applicant versus The State of Maharashtra and others ..

Respondents WITH CIVIL APPLICATION NO. 13025 OF 2018 IN CIVIL APPLICATION NO. 3750 OF 2018 IN more FIRST APPEAL NO. 1462 OF 2018

Vitthal Madhav Shinde .. Applicant versus The State of Maharashtra and others ..

Respondents WITH CIVIL APPLICATION NO. 13026 OF 2018 IN CIVIL APPLICATION NO. 3752 OF 2018 IN FIRST APPEAL NO. 1464 OF 2018 Dattatraya @ Dattu Jijaba Yewale ..

Applicant versus The State of Maharashtra and others ..

Respondents ---- Mr Vijay P. Latange, Advocate for applicants Mr S. P. Tiwari, Asstt. Govt. Pleader for respondents CORAM : SUNIL P. DESHMUKH, J DATE : 30th October, 2018 PER COURT :

1.

By this group of civil applications, learned counsel for applicants seeks modification in clause (II) of paragraph no. 5 of order dated 06-04-2018 in civil application bearing no. 3746 of 2018 in first appeal no. 17100 of 2017 and companion civil applications in other connected first appeals. 2.

Learned counsel contends that the applicants are not in a position to secure solvent surety as directed under order dated 06-04-2018 referred to above because of various difficulties

being faced and as such though the amount has been allowed to be withdrawn, the applicants have not been able to withdraw the whole of the amount as allowed. He submits, however, the applicants are in a position to give solvent security. He further submits that the applicants are small land holders and having regard to that the amount allowed to them is a compensation for their lands acquired way back in 2001, it would be proper to indulge into the request under applications.

3.

In view of aforesaid, clause (II) of paragraph no.5 of order dated 06-04-2018 in civil application bearing no. 3746 of 2018 in first appeal no. 17100 of 2017 and companion civil applications in other connected first appeals is modified by replacing the words '' solvent surety '' by the words '' solvent security ''. Said clause (II) stands accordingly modified and be read and considered accordingly.

4.

Certified copies and writ of order dated 06-04-2018, if already issued, stand corrected and be read accordingly. 5.

Civil applications are disposed of.

SUNIL P.DESHMUKH, JUDGE pnd/-