Motilal Manik Kalebere v. Executive Engineer, Irrigation Project Strengthening Div.,Omerga(Now Under The M.K.V.D.C. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14070 OF 2019 IN FIRST APPEAL NO.5012 OF 2017 (Motilal Manik Kalebere Vs. Executive Engineer, Irrigation Project Strengthening (Majbutikaran) Division, Omerga, District Osmanabad and others) WITH CIVIL APPLICATION NO.13871 OF 2019 IN FIRST APPEAL (ST.) NO.27319 OF 2016 (Ashok Babu Katkar through L.Rs. Chabubai and others Vs. Executive Engineer, Irrigation Project Strengthening (Majbutikaran) Division, Omerga, through M.K.V.D.C. and others) AND CIVIL APPLICATION NO.13872 OF 2019 IN FIRST APPEAL (ST.) NO.27323 OF 2016 (Ranga Khanda Bandgar Vs. Executive Engineer, Irrigation Project Strengthening (Majbutikaran) Division, Omerga through M.K.V.D.C. and others) AND CIVIL APPLICATION NO.13873 OF 2019 IN FIRST APPEAL (ST.) NO.27315 OF 2016 (Yellappa Machindra Shivral Vs.

Executive Engineer, Irrigation Project Strengthening (Majbutikaran) Division, Omerga through M.K.V.D.C. and others) AND CIVIL APPLICATION NO.14072 OF 2019 IN FIRST APPEAL NO.1590 OF 2018 (Kerba Sambha Sakhare Vs. Executive Engineer, Irrigation Project Strengthening (Majbutikaran) Division, Omerga through M.K.V.D.C. and others) AND CIVIL APPLICATION NO.14073 OF 2019 IN FIRST APPEAL NO.1587 OF 2018 (Bajirao Kerba Jadhav Vs. Executive Engineer, Irrigation Project Strengthening (Majbutikaran) Division, Omerga through M.K.V.D.C.

ca14070-2019+ AND CIVIL APPLICATION NO.14074 OF 2019 IN FIRST APPEAL NO.1589 OF 2018 (Babruwan Pandhari Sakhare Died through L.Rs. Bhamabai Babruwan Sakhare and another Vs. Executive Engineer, Irrigation Project Strengthening (Majbutikaran) Division, Omerga through M.K.V.D.C. and others) ---- Mr. Sanjay A. Wakure, Advocate for the applicants in respective applications Mr. Avishkar S. Shelke, Mr. Mukul S. Kulkarni and Mr. Rahul A. Tambe, Advocates for the respondent/Acquiring Body Mr. Y.G. Gujrathi, Mr. S.N. Morampalle and Mr. S.P. Deshmukh, A.G.Ps. for the respondent/State ---- CORAM :

MANGESH S. PATIL, J.

DATE :

13.12.2019 PER COURT :

Heard both the sides.

2.

In Civil Application No.13831/2019 in First Appeal No.3921/2017, by the order dated 05.12.2019, the applicants/claimants therein were allowed to withdraw 75% of the amount deposited in this Court. The parties are unanimous that a similar order can be passed even in these matters.

3.

Accordingly, the applicants/claimants in the present applications are allowed to withdraw 75% of the amount deposited in this Court, 50% by furnishing an undertaking in usual terms and 25% by furnishing solvent

ca14070-2019+ surety. The Applications are disposed of.

[MANGESH S. PATIL] JUDGE npj/ca14070-2019+