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Bombay High CourtCA/65/2023admittedallowedgrantedrule absolute

Kashinath Trimbak Karale (Died) Thr Lrs. Devidas K. Karhale And ORS v. The Exe. Engineer, Minor Irrigation Div. No.1, Aurangabad And ANR

2024-02-09Hon'Ble Shri Justice S. G. Mehare1 pages

2024:BHC-AUG:2987 7-CA.65-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO. 65 OF 2023 IN FA/2954/2022 KASHINATH TRIMBAK KARALE (DIED) THR LRS. DEVIDAS K. KARHALE AND ORS

VERSUS

THE EXE. ENGINEER, MINOR IRRIGATION DIV. NO.1, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. K. R. Karhale.

Adv. for Respondent No.1 : Mr. S. G. Bhalerao - Through V. C. ...

CORAM : S. G. MEHARE, J.

DATE :

09.02.2024 PER COURT :- 1.

Heard the learned counsel for the respective parties. 2.

As usual Mr. Bhalerao is strongly opposing the application. There is no substance in his arguments. 3.

In similarly situated cases, this Court has passed the orders for withdrawal. There is no reason to take a different view. Hence, the following order :

ORDER

(i) Application is allowed.

(ii) The applicant is allowed to withdraw 50% of the amount along with accrued interest thereon on furnishing undertaking and 30% amount along with accrued interest on furnishing solvent surety.

(iii) Stand over to 24.04.2024.

(S. G. MEHARE, J.) ...

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