Dhondabai Gokul Bansode And ORS v. Tanhabai Gavaji Kulkarni Died And ORS

1 CA / 13122 / 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.13122 OF 2019 IN FA/998/2019 WITH CIVIL APPLICATION NO. 9713 OF 2019 IN FA/998/2019 DHONDABAI GOKUL BANSODE AND OTHERS

VERSUS

TANHABAI GAVAJI KULKARNI DIED AND OTHERS ...

Advocate for Applicants : Mr. Awasarmol Rahul O. Advocate for the respondent : Mr. Akash Gade h/f. Mr. S.J. Salunke and for applicant in CA/9713/2019 ...

CORAM

: MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

DATE : 30 SEPTEMBER 2022 PC :

The applicants are the original claimants in a proceeding under section 30 of the Land Acquisition Act, 1894 seeking an order that the share carved out by the reference Court, be allowed to be withdrawn by them.

2.

Apparently, the applicants who are the original claimants are not aggrieved by the award. This Court has not stayed its execution. It would always be open for them to approach the reference Court in execution of the award.

3.

Civil application no. 13122 of 2019 is disposed of. 4.

Similarly, even the original respondents seem to have filed a similar application bearing no. 9713 of 2019.

2 CA / 13122 / 2019 5.

To repeat, even it would always be open for them to approach the reference Court and claim whatever share they are entitled to receive in tune with the award passed by the reference Court in that proceeding. Therefore even their civil application bearing no. 9713 of 2019 is disposed of.

[ SANDEEP V. MARNE ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/