Indrabhan Ranganath Mohite (Died) Thr Lrs. Machindra Indrabhan Mohite And ORS v. The M.K.V.D.C., Thr The Exe. Engineer, Med. Pro. Osmanabad And ORS

1 904-CA 13014-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13014 OF 2023 IN FIRST APPEAL (ST.) NO. 31003 OF 2019 Indrabhan Rangnath Mohite Died L.Rs.

Machindra Indrabhan Mohite and others .. Applicants

Versus

The Maharashtra Krushna Valley Development Corporation, Through Executive Engineer, Medium Project and others .. Respondents Mr. Mukund S. Patil, Advocate for the Applicants. Mr. A. M. Gaikwad, Advocate for Respondent No. 1. Mr. S. B. Pulkundwar, AGP for Respondent Nos. 2 and 3. CORAM : KISHORE C. SANT, J.

DATED : 27th OCTOBER, 2023.

P. C. :- .

This application is filed by the original claimants/heirs of original claimants who are brought on record for withdrawal of the amount deposited by the acquiring body in this Court in the appeal. 2.

Learned advocate for the applicants submits that this Court in similar application arising out of the same acquisition proceedings has allowed to withdraw the amount deposited by the acquiring body. He

2 904-CA 13014-2023.odt placed on record copy of the order dated 13.06.2023 passed by this Court in Civil Application No. 6083/2023 and other companion applications.

3.

In view of the same, this civil application is allowed. 4.

The applicants shall be entitled to withdraw the amount deposited by the acquiring body with accrued interest if any. The amount be transmitted to the Reference Court. The Reference Court is requested to allow the applicants to withdraw the amount transmitted to the said Court on furnishing usual undertaking. 5.

The civil application stands disposed off.

( KISHORE C. SANT, J. ) P.S.B.