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Bombay High CourtCA/12246/2024admittedallowedgrantedrule absolute

Bhagwan Haribhau Wankhede Died Thr Lrs Shobha Bhagwan Wankhede And ORS v. The Executive Engineer Minor Irrigation Division No.2 Aurangabad Under Gmidc Aurangabad And ORS

2024-12-09Hon'Ble Shri Justice Kishore C. Sant2 pages

20 ca.12246.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

20 CIVIL APPLICATION NO. 12246 OF 2024 IN FA/1978/2022 BHAGWAN HARIBHAU WANKHEDE DIED THR LRS SHOBHA BHAGWAN WANKHEDE AND ORS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO.2 AURANGABAD UNDER GMIDC AURANGABAD AND ORS ...

Advocate for Applicant : Mr. Keshav F. Shingare. Advocate for Respondent No.1 : Mr. B. R. Surwase. AGP for Respondent/State : Ms. D. S. Jape.

...

AND CIVIL APPLICATION NO. 822 OF 2024 IN FA/1978/2022 AND CIVIL APPLICATION NO. 5202 OF 2024 IN FA/1978/2022 ...

CORAM :

KISHORE C. SANT, J.

DATE :

09th December, 2024.

P.C.:

.

Heard the learned counsel for the parties.

Time to carry out amendment to show the legal heirs is extended by two weeks from today.

Application for stay:

Since the entire amount as per the impugned judgment and award is deposited by the appellant in the office of this Court, there

20 ca.12246.24.odt shall be stay to the impugned judgment and award till disposal of the appeal. The application stands disposed of.

Application for withdrawal of amount:

This application is for withdrawal of the amount deposited by the appellant in the office of this Court.

The learned counsel for the applicants relies on the order dated 11th August, 2023 passed by this Court in Civil Application No.3966 of 2023. Hence, the following order is passed:-

O R D E R

I.

The applicants are permitted to withdraw 50% of the amount alongwith accrued interest deposited in this Court on furnishing usual undertaking. Further 25% of the amount with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalized bank to be renewed from time to time till disposal of the appeal.

II.

With this, the civil application for withdrawal of amount stands disposed of.

[ KISHORE C. SANT, J. ] nga