Ganapati Kashinath Chaugule (Died) Thr Lrs. Devi Ganpati Chaugule And ORS v. The State Of Maharashtra Through The Collector, Osmanabad And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 950 CIVIL APPLICATION NO.13248 OF 2023 IN FAST/20769/2021 WITH CA/12424/2021 IN FAST/20769/2021 WITH CA/12425/2021 IN FAST/20769/2021 WITH CA/12426/2021 IN FAST/21237/2021 WITH CA/12427/2021 IN FAST/21237/2021 WITH CA/13249/2023 IN FAST/21237/2021 GANAPATI KASHINATH CHAUGULE (DIED) THR LRS.
DEVI GANPATI CHAUGULE AND ORS THE STATE OF MAHARASHTRA & OTHERS AGP for Respondent-State : Mr.K.B.Jadhavar Advocate for Respondent no.3 : Mr.R.A.Tambe 951 CIVIL APPLICATION NO.13250 OF 2023 IN FA/2351/2021 WITH CA/9197/2021 IN FA/2352/2021 WITH CA/9199/2021 IN FA/2351/2021 WITH CA/12126/2023 IN FA/2351/2021 WITH CA/13251/2023 IN FA/2352/2021 VITTHAL MARUTI FAND (DIED) THR LRS. PARVATIBAI VITTHAL @ PARVATI VITTHAL FAND AND ORS Advocate for Respondent no.3 : Adv.S.D.Shelke
952 CIVIL APPLICATION NO.13255 OF 2023 IN FA/2024/2021 WITH CA/9160/2021 IN FA/2023/2021 WITH CA/9162/2021 IN FA/2024/2021 WITH CA/12160/2023 IN FA/2024/2021 WITH CA/13257/2023 IN FA/2023/2021 NIRMALABAI BABU @BABURAO MENGSHETTI AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent no.3 : Adv.S.D.Shelke 953 CIVIL APPLICATION NO.13259 OF 2023 IN FAST/22802/2021 WITH CA/9634/2021 IN FAST/22355/2021 WITH CA/9635/2021 IN FAST/22355/2021 WITH CA/9636/2021 IN FAST/22802/2021 WITH CA/9637/2021 IN FAST/22802/2021 WITH CA/13260/2023 IN FAST/22355/2021 MAHADU @ MAHADEV BALI @ BALIRAM CHAUGULE (DIED) THR LRS SULOCHANA AND ORS THE STATE OF MAHARASHTRA THROUGH ITS Advocate for Respondent no.3 : Mr.M.S.Kulkarni 954 CIVIL APPLICATION NO.13261 OF 2023 IN FAST/23522/2021 WITH CA/10710/2021 IN FAST/23522/2021
WITH CA/10712/2021 IN FAST/23522/2021 WITH CA/10708/2021 IN FAST/23636/2021 WITH CA/10709/2021 IN FAST/23636/2021 MALLAPPA KALLAPPA DEVMANKAR (DIED) THR LRS SUDHAKAR @MALAPPA MALLAPA DEVMANKAR AGP for Respondent-State : Mr.K.N.Lokhande Advocate for Respondent no.3 : Mr.A.H.Korhalkar 955 CIVIL APPLICATION NO.13263 OF 2023 IN FAST/23632/2021 WITH CA/10717/2021 IN FAST/23527/2021 WITH CA/10718/2021 IN FAST/23527/2021 WITH CA/10719/2021 IN FAST/23632/2021 WITH CA/10720/2021 IN FAST/23632/2021 WITH CA/13264/2023 IN FAST/23527/2021 SAINTRAPPA @ SAYATRAPPA MARUTI PUJARI AND ANR THE STATE OF MAHARASHTRA & OTHERS AGP for Respondent-State : Mr.A.H.Korhalkar Advocate for Respondent-State : Mr.K.B.Jadhavar 956 CIVIL APPLICATION NO.13265 OF 2023 IN FAST/20430/2021 WITH CA/12214/2021 IN FAST/20167/2021 WITH CA/12215/2021 IN FAST/20167/2021 WITH CA/12216/2021 IN FAST/20425/2021 WITH CA/12217/2021 IN FAST/20425/2021 WITH CA/12219/2021 IN FAST/20430/2021 WITH CA/12218/2021 IN FAST/20430/2021
WITH CA/13267/2023 IN FAST/20425/2021 WITH CA/13266/2023 IN FAST/20167/2021 CHITRABAI SHIVLING KARLE Advocate for Respondent no.3 : Mr.R.A.Tambe CORAM :ARUN R. PEDNEKER, J.
DATE :07.11.2023 P.C. :
A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL Heard the learned counsel for the parties. The present Civil Applications are filed for withdrawal of the amount.
The learned counsel for the applicants has produced the order dated 27th June, 2023 passed in Civil Application No.7753 of 2023 in First Appeal No.1680 of 2021. In the instant matter, there is no dispute as regards fact that the interest is awarded from the date of award and not from the date of possession.
3] In view of the same, the order dated 27th June, 2023 would applicable to the instant applications. The applicants are permitted to withdraw 75% of the total amount of compensation along with proportion interest accrued thereon till date, subject to furnishing undertaking to the satisfaction of the Registrar [Judicial] of this Court. Remaining amount be kept in FDR in any Nationalized Bank, on yearly renewal basis, till disposal of the Appeal. Civil Applications are disposed of accordingly. B] ORDER IN CIVIL APPLICATION FOR DELAY The present Civil Applications are filed to condone the delay of 704, 834, 866 and 885 days, respectively, in filing the First Appeals.
For the reasons stated in the Civil Applications, the same are allowed. Delay is condoned. Appeals be registered. Civil Applications are disposed of accordingly. C] ORDER IN CIVIL APPLICATION FOR STAY Since the appellant - acquiring body has deposited the amount as directed by this Court, the interim stay granted by this Court stands confirmed. Civil Applications are disposed of accordingly.
D] ORDER IN FIRST APPEALS First Appeals are admitted. On admission, the learned AGPs waive notice for respondent nos.1 and 2 in all First Appeals. Mr.R.A.Tambe, Adv.S.D.Shelke, Mr.M.S.Kulkarni, Mr.A.H.Korhalkar, learned counsel waives notice for respondent no.3 in respective First Appeals. Call R. & P.
[ARUN R. PEDNEKER] JUDGE DDC