Gunaji Vishwanath Sonkawade (Dead) Thr Lrs. Shubhangi T. Vhatkar @ Shubhangi G. Sonkawade And ORS v. The Exe. Engineer, Osmanabad Minor Irrigation Div., Now G.M.I.D.C., Aurangabad And Others

{1} ca2550.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2550 OF 2023 IN FIRST APPEAL NO. 575 OF 2020 Gunaji s/o Vishwanath Sonkawade (died), through L. Rs.

Applicants

Versus

The Executive Engineer, Osmanabad Minor Irrigation Division, Osmanabad & others Respondents Mr. L. C. Patil, advocate for the Applicants Mr. B. R. Surwase, advocate for Respondent No.1. Mr. S. S. Dande, AGP for Respondents No.2 & 3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 15th March, 2023.

PC :

Heard rival submissions.

The applicants are seeking withdrawal of amount of compensation deposited by the acquiring body. However, under order dated 15.11.2019, this Court, in other connected matters, has already allowed the applicants therein to withdraw 75% of the amount of compensation.

In view of the same, the applicants herein are

{2} ca2550.23.odt permitted to withdraw 75% of the deposited amount i.e. 50% on furnishing undertaking in usual terms and 25% on furnishing solvent surety/security along with proportionate interest. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis till fnal disposal of the appeal.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb