Dagu Kisan Surase (Died) Thr Lrs Purnabai Dagu Surase And ORS v. The Ex. Engineer, Minor Irrigation Div. 1 Aurangabad And ANR

{1} CIVIL APPLICATION NO. 16287 OF 2022 IN FIRST APPEAL NO. 3194 OF 2021 CIVIL APPLICATION NO. 200 OF 2023 IN CIVIL APPLICATION NO. 203 OF 2023 IN CIVIL APPLICATION NO. 204 OF 2023 IN FIRST APPEAL NO. 2498 OF 2022 Mr. N. J. Pahune Patil, advocate for the Applicants Mr. Sachin Salve, advocate holding for Mr. C. D. Biradar, Mr. S. W. Munde, Mr. G. B. Rajale and Mr. S. G. Sangle, advocates for Respondent No.1.

Mr. S. N. Kendre, Mr. S. W. Munde, Mr. B. V. Virdhe, AGPs for the Respondent No.2.

Heard rival submissions.

The respective applicants are seeking withdrawal of compensation amounts which are already deposited by the acquiring body.

This Court, under order dated 25.08.2022, in similar other matters, has already permitted the applicants

{2} therein to withdraw the amounts to the extent of 75% of the deposited amounts.

In view of the same, the applicants, in all these applications, are permitted to withdraw their respective 75% amounts of the deposited amounts on usual undertaking to the satisfaction of the Registrar (J) of this Court. The remaining amounts be invested in FDR in any Nationalised Bank, on yearly renewable basis till disposal of these appeals. Civil Applications are accordingly disposed of.

{3} CIVIL APPLICATION NO. 15 OF 2022 IN CIVIL APPLICATION NO. 5096 OF 2022 IN Mr. S. W. Munde, and Mr. S. G. Sangle, advocates for the Applicants Mr. N. J. Pahune Patil, advocate for Respondents Heard rival submissions.

The applicant-acquiring body is seeking condonation of delay periods, in these applications, which appears to be caused due to obtaining approvals at various stages. There is no strong objection from the other side.

Hence, by considering the statutory right of the applicants, delay periods, in these applications, stand condoned. Appeals be placed for admission after removal of offce objections, if any.

Civil Applications are disposed of.

{4} CIVIL APPLICATION NO. 13305 OF 2021 IN FIRST APPEAL NO. 3194 OF 2021 CIVIL APPLICATION NO. 16 OF 2022 IN CIVIL APPLICATION NO. 5097 OF 2022 IN CIVIL APPLICATION NO. 5118 OF 2022 IN FIRST APPEAL NO. 2498 OF 2022 Mr. Sachin Solve, advocate holding for Mr. C. D. Biradar, Mr. S. W. Munde, and Mr. S. G. Sangle, advocates for the Applicants Mr. N. J. Pahune Patil, advocate for Respondents Since the appellant-acquiring body has deposited entire amounts of compensation, the applications are made absolute in terms of prayer clause "B" and are disposed of.