Ushabai Vishwasrao Patil Spl./Muktyar Nishikant Chaitram Patil v. The Executive Engineer, Western Railway, Churchgate And Another

ca1262-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD C.A. NO. 1262/2015 IN FIRST APPEAL NO. 293/2015 (Ushabai Vishwasrao Patil Spl. Mukhtyar Nishikant Chaitram Patil Vs. The Executive Engineer, Western Railway and another) AND C.A. NO. 1263/2015 IN F.A. NO. 294/2015 (Balubai Madhavrao Thorat and another Vs. The Executive Engineer, Western Railway and another) AND C.A. NO. 1264/2015 IN F.A. NO. 295/2015 (Ushabai Vishwasrao Patil Spl. Mukhtyar Nishikant Chaitram Patil Vs. The Executive Engineer, Western Railway and another) AND C.A.NO. 1265/2015 IN F.A. NO. 296/2015 (Ushabai Vishwasrao Patil Spl. Mukhtyar Nishikant Chaitram Patil Vs. The Executive Engineer, Western Railway and another) ---- Mr. B.K. Pawar, Advocate holding for Mr. A.B. Kale, Advocate for the applicant in all the applications Mr. M.N. Navandar, Advocate for respondent No. 1 in all the applications ---- CORAM : M.T. JOSHI, J.

DATE : 02/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

The learned counsel for the applicant files on record the true copy of the order dated 3rd December,

ca1262-15 2014, passed in companion first appeals and civil applications therein. The same is accepted on record and marked "X" for the purpose of identification. 3.

There is no dispute that the present applications and first appeals have arisen out of the same acquisition proceedings. In the circumstances, similar order is being passed in the present applications also, which runs as follows:- 4.

The applicants in all the present applications are allowed to withdraw the amount deposited in this Court on condition of furnishing undertaking to the effect that the amount being so withdrawn would be refunded in case decision in first appeals goes against their interest, within a period of six months, from the date of decision. Undertaking to be filed by the applicants, in this Court, within a period of six weeks from today. Present applications stand allowed and disposed of accordingly.

[M.T. JOSHI] JUDGE npj/ca1262-15