Shahuraj Vasantrao Zadpide v. The Executive Engineer, P.M.Div. Omerga Dist-Osmanabad Thr Ex. Engi. Osmanabad M.P.Div. And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

(1) CIVIL APPLICATION NO. 14254 OF 2017 IN FIRST APPEAL ST. NO. 2791 OF 2017 Sarjerao Harischandra Bhosale Applicant The Executive Engineer & others

(2) CIVIL APPLICATION NO. 14261 OF 2017 IN FIRST APPEAL ST. NO. 2794 OF 2017 Annasaheb Sarjerao Bhosale Applicant The Executive Engineer & others

(3) CIVIL APPLICATION NO. 14260 OF 2017 IN FIRST APPEAL ST. NO. 2504 OF 2017 Vilas Vasantrao Zadpide Applicant The Executive Engineer & others

(4) CIVIL APPLICATION NO. 14259 OF 2017 IN FIRST APPEAL ST. NO. 2937 OF 2017 Annasaheb Vasantrao Zadpide Applicant

{2} The Executive Engineer & others

(5) CIVIL APPLICATION NO. 14257 OF 2017 IN FIRST APPEAL ST.NO. 2804 OF 2017 Shahuraj Vsantrao Zadpide Applicant The Executive Engineer & others

(6) CIVIL APPLICATION NO. 14256 OF 2017 IN FIRST APPEAL ST. NO. 2786 OF 2017 Suresh Sarjerao Bhosale Applicant The Executive Engineer & others

(7) CIVIL APPLICATION NO. 14255 OF 2017 IN FIRST APPEAL ST.NO. 2783 OF 2017 Shridhar Ganpati Shinde Applicant The Executive Engineer & others

{3} Mr. V.V. Ingale, advocate for applicants-claimants. Mr. S.P. Katneshwarkar, advocate holding for Mr. S.S. Sangle, advocate for respondent no.1-acquiring body.

Mr.B.V.Virdhe, A.G.P. for Respondents No.2 and 3. CORAM : M.S. SONAK, J.

DATE : 24th JANUARY, 2018 PER COURT:

Heard Mr.V.V.Ingale, learned Counsel for applicantsclaimants, Mr.S.P.Katneshwarkar, advocate holding for Mr.S.G.Sangale, advocate for Respondent No.1- acquiring body and Mr.B.V.Virdhe, A.G.P. for Respondents No.2 and 3. The applications for withdrawal are disposed of by permitting the applicants to withdraw 50% of the compensation amount by filing an undertaking that such withdrawal will abide by final orders in the appeal. Further, at the time of withdrawal, the applicants shall furnish an undertaking that they indemnify the State Government against all claims in relation to the compensation amount so withdrawn. Copies of such undertakings to be furnished to the learned Counsel appearing for the appellant before such undertakings are filed in this Court for the purpose of withdrawal.

All these Civil Applications are disposed of. (M.S. SONAK) JUDGE adb/ca1425417

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

(1) FIRST APPEAL ST. NO. 2791 OF 2017 The Executive Engineer Appellant Sarjerao Harischandra Bhosale & others

(2) FIRST APPEAL ST. NO. 2794 OF 2017 Executive Engineer, Appellant Annasaheb Sarjerao Bhosale & others

(3) FIRST APPEAL ST. NO. 2504 OF 2017 The Executive Engineer, Appellant Vilas Vasantrao Zadpide & others

(4) FIRST APPEAL ST. NO. 2937 OF 2017 Executive Engineer, P.M. Division, Omerga Appellant Annasaheb Vasantrao Zadpide & others

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(5) FIRST APPEAL ST.NO. 2804 OF 2017 The Executive Engineer, Appellant Shahuraj Vasantrao Zadpide & others

(6) FIRST APPEAL ST. NO. 2786 OF 2017 The Executive Engineer, Appellant Suresh Sarjerao Bhosale & others

(7) FIRST APPEAL ST.NO. 2783 OF 2017 The Executive Engineer, P.M. Division, Omerga Appellant Shridhar Ganpati Shinde & others

(8) FIRST APPEAL ST.NO.2797 OF 2017 Executive Engineer, Patbandhare Majbutikaran Division, Omerga Appellant Ram Tukaram Kanade & others Mr. S.P. Katneshwarkar, advocate holding for Mr. S.S. Sangle, advocate for appellant-acquiring body.

Mr. V.V. Ingale, advocate for applicants-claimants. Mr. B.V. Virdhe, AGP for respondents no.2 & 3

{6} CORAM : M.S. SONAK, J.

DATE : 24th JANUARY, 2018 PER COURT:

Heard learned Counsel for respective parties. Admit.

Call for Record & Proceedings.

Mr.V.V.Ingale, advocate waives service of notice on behalf of Respondent No.1-claimants and Mr.B.V.Virdhe, learned A.G.P., waives service on behalf of Respondents No.2 and 3. (M.S. SONAK) JUDGE adb/ca1425417

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3082 OF 2017 IN

(1) FIRST APPEAL ST. NO. 2791 OF 2017 The Executive Engineer Applicant Sarjerao Harischandra Bhosale & others CIVIL APPLICATION NO.3080 OF 2017

(2) FIRST APPEAL ST. NO. 2794 OF 2017 Executive Engineer, Applicant Annasaheb Sarjerao Bhosale & others CIVIL APPLICATION NO.3076 PF 2017 IN

(3) FIRST APPEAL ST. NO. 2504 OF 2017 The Executive Engineer, Applicant Vilas Vasantrao Zadpide & others CIVIL APPLICATION NO.3086 OF 2017

(4) FIRST APPEAL ST. NO. 2937 OF 2017 Annasaheb Vasantrao Zadpide Applicant The Executive Engineer

{8} & others CIVIL APPLICATION NO.3090 OF 2017

(5) FIRST APPEAL ST.NO. 2804 OF 2017 The Executive Engineer, Applicant Shahuraj Vasantrao Zadpide & others CIVIL APPLICATION NO.3084 OF 2017 IN

(6) FIRST APPEAL ST. NO. 2786 OF 2017 The Executive Engineer, Applicant Suresh Sarjerao Bhosale & others CIVIL APPLICATION NO.3088 OF 2017

(7) FIRST APPEAL ST.NO. 2783 OF 2017 The Executive Engineer, P.M. Division, Omerga Applicant Shridhar Ganpati Shinde & others CIVIL APPLICATION NO.3078 OF 2017 IN

(8) FIRST APPEAL ST.NO.2797 OF 2017 Executive Engineer, Patbandhare Majbutikaran Division, Omerga Applicant

{9} Ram Tukaram Kanade & others Mr. S.P. Katneshwarkar, advocate holding for Mr. S.S. Sangle, advocate for applicant-acquiring body.

Mr. V.V. Ingale, advocate for Respondent No.1-claimants. Mr. B.V. Virdhe, AGP for respondents no.2 & 3 CORAM : M.S. SONAK, J.

DATE : 24th JANUARY, 2018 PER COURT:

Heard Mr.S.P.Katneshwarkar, learned Counsel holding for Mr.S.G.Sangle, advocate for applicant-acquiring body, Mr.Ingale, advocate for respondents-claimants and Mr.Virdhe, learned A.G.P. for Respondents no.2 and 3.

Learned Counsel for the respondents-claimants states that there is no objection to the condonation of delay, since respondents-claimants intend to lodge cross-objections. In view of such non objection, delay in institution of this delay is condoned. Civil Applications are disposed of.

(M.S. SONAK) JUDGE adb/ca1425417