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Bombay High CourtCA/15515/2016disposed offdismissed for default

Machhindranath Kachru Ingole v. The Executive Engineer, Lower Dudhana Project Division Selu Now E.E. Jalna Irrigation Div. And ORS

2016-11-29Hon'Ble Shri Justice P.R. Bora2 pages

912 fa 3754.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 FIRST APPEAL NO. 3754 OF 2016 WITH CA/15515/2016 IN FA/3754/2016 WITH FA/3755/2016 WITH CA/15513/2016 IN FA/3755/2016 WITH FA/3756/2016 WITH CA/15514/2016 IN FA/3756/2016 THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT DIVISION SELU NOW E.E. JALNA IRRIGA

VERSUS

MACHHINDRANATH KACHRU INGOLE with 932 CIVIL APPLICATION NO. 13426 OF 2016 IN FA/3773/2016 WITH CA/15516/2016 IN FA/3773/2016 EXECUTIVE ENGINEER, LOWER DUDHNA PROJECT DIVISION, SAILU NOW JALNA IRRIGATION DIV

VERSUS

SAYYED USMAN SAYYED JAINUSHA with 933 CIVIL APPLICATION NO. 13433 OF 2016 IN FA/3776/2016 WITH CA/13435/2016 IN FA/3774/2016 WITH CA/13437/2016 IN FA/3775/2016 WITH CA/15517/2016 IN FA/3775/2016 WITH CA/15518/2016 IN FA/3774/2016 WITH CA/15519/2016 IN FA/3776/2016 EXECUTIVE ENGINEER, LOWER DUDHNA PROJECT DIVISION, SAILU NOW JALNA IRRIGATION DIV

VERSUS

DASHRATH GUNAJI KAMBLE DIED THR LRS RAMRAO AND ANR ...

Advocate for Appellant : Reddy Ranjana D., B.R. Surwase Advocate for Respondents : Humbe Vilas M. For R/sole ...

CORAM : P.R. BORA, J.

DATE : 29-11-2016.

P.C. :

1.

Since arguable issues are raised.

2.

Admit.

912 fa 3754.16.odt 3.

Call for record and proceedings.

4.

Hearing of the appeals be expedited. Learned counsel Shri V.M. Humbe, waives for respondents i.e. original claimants. 5.

Heard the learned counsel for the applicants and learned counsel for the acquiring body. Considering, the submissions so made, I am inclined to pass the following order:

ORDER

i) The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking that in the event any adverse order is passed they will redeposit the amount so withdrawn by them within four months of passing such order.

ii) Balance 50% amount be invested in any nationalized bank in F.D.R. initially for a period of two years and if required, for a further period till the disposal of the appeal.

iii) Civil applications stand disposed of.

(P.R. BORA) JUDGE mub