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Bombay High CourtCA/238/2017disposed offdismissed for default

Chhabu Shankar Pawar v. The Executive Engineer, Urdhawa Pravara Canal Division, Ghulewadi And Another

2017-07-25Hon'Ble Shri Justice V.K. Jadhav4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 234 OF 2017 FIRST APPEAL NO. 2718 OF 2015 BHASKAR ANNASAHEB FATNGARE AND OTHERS CIVIL APPLICATION NO. 235 OF 2017 FIRST APPEAL NO. 2721 OF 2015 ARUN HAUSABAL SURVE CIVIL APPLICATION NO. 237 OF 2017 FIRST APPEAL NO. 2722 OF 2015 VIJAY GANGADHAR SURVE AND ANOTHER CIVIL APPLICATION NO. 231 OF 2017 FIRST APPEAL NO. 2724 OF 2015 VASANTRAO SHANKARRAO SURVE CIVIL APPLICATION NO. 228 OF 2017 FIRST APPEAL NO. 2725 OF 2015 DEEPAK KHASHERAO WAMAN

-2CIVIL APPLICATION NO. 241 OF 2017 FIRST APPEAL NO. 2726 OF 2015 VIJAY VISHWASRAO @ VISHWANATH AMBRE CIVIL APPLICATION NO. 229 OF 2017 FIRST APPEAL NO. 2727 OF 2015 MADHUKAR RAMCHANDRA ADHBHAI AND ANOTHER CIVIL APPLICATION NO. 232 OF 2017 FIRST APPEAL NO. 2729 OF 2015 SHANTARAM NARAYAN KADLAG CIVIL APPLICATION NO. 233 OF 2017 FIRST APPEAL NO. 2733 OF 2015 RAMNATH RAOSAHEB SURVE AND OTHERS CIVIL APPLICATION NO. 239 OF 2017 FIRST APPEAL NO. 2734 OF 2015 KACHARU SHANKAR PAWAR

-3CIVIL APPLICATION NO. 230 OF 2017 FIRST APPEAL NO. 2736 OF 2015 RAOSAHEB JAIRAM DESHMUKH CIVIL APPLICATION NO. 240 OF 2017 FIRST APPEAL NO. 2738 OF 2015 SINDHUBAI SAMPAT FATANGARE CIVIL APPLICATION NO. 238 OF 2017 FIRST APPEAL NO. 2741 OF 2015 CHHABU SHANKAR PAWAR .....

Advocate for the applicant: Mr. D.A. Bide Advocate for respondent No.1: Mr A. M .Gaddime A.G.P. for respondent-State: Mr. A.M. Phule, S.S. Dande, Mr. S.N. Morampalle.

.....

CORAM : V. K. JADHAV, J.

DATED : 25th JULY, 2017 PER COURT:- 1.

Learned counsel for the applicants submits that in the connected appeals, arising out of the same acquisition proceedings, preferred by the acquiring body, this court by order dated 18.2.2016 permitted the applicants/original claimants therein to withdraw the amount on certain

-4conditions. Learned counsel submits that the applicants herein may also be permitted to withdraw the compensation amount on the same conditions.

2.

Learned counsel appearing for the respondent acquiring body submits that so far as the common judgment and award passed by the Reference Court under challenge in the present appeals is concerned, the same is passed by the Reference Court on the basis of judgment and award passed by the Reference Court, which is under challenge in the appeals dealt with by this Court by order dated 18.2.2016, so far as withdrawal of compensation is concerned.

3.

In view of above, the applicants herein are also permitted to withdraw the amount on the same conditions as per the order dated 18.2.2016. The applicants are permitted to withdraw 75% amount after giving undertaking to the satisfaction of the executing Court and the remaining 25% after giving solvent surety to the satisfaction of executing court. The amount under award deposited in this Court shall be transferred to the executing court. Civil applications for withdrawal of amount are disposed of.

4.

Place the first appeals alongwith other connected first appeals on 23.8.2017.

( V. K. JADHAV, J.) rlj/