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Bombay High CourtCA/458/2018delay condonatedrejected

The Ex. Engineer, Irrigation Project Strengthening Division, Omerga And ORS v. Mahadev Shivappa Kumbhar (Dead) Thr Lrs Sarubai And And ORS

2021-07-14Hon'Ble Shri Justice R. G. Avachat5 pages

CIVIL APPLICATION NO.4917 OF 2021 IN FIRST APPEAL [ST] NO.38011 OF 2017 (Namdeo Manohar Jadhav Executive Engineer, Irrigation Project strengthening Division, Omerga and ors.) AND CIVIL APPLICATION NO.4920 OF 2021 AND CIVIL APPLICATION NO.4916 OF 2021 IN FIRST APPEAL [ST] NO.38043 OF 2017 AND CIVIL APPLICATION NO.4918 OF 2021 IN FIRST APPEAL [ST] NO.38046 OF 2017 AND CIVIL APPLICATION NO.2586 OF 2021 IN FIRST APPEAL [ST] NO.38049 OF 2017 Mr.E.S.Murge, Advocate for applicantS Mr.S.B.Patil, Advocate for respondent no.1 Mr.S.S.Dande, Advocate for respondent no.2 Since Mr.Sham Patil, learned counsel, has marked his appearance, the appearance of Mr.G.B.Rajale, learned counsel, is discharged.

12-sr.975-CAs4917 and ors 2.

Heard learned counsel appearing for the respective parties. In view of the submissions made, the following order is passed:-

ORDER

(i) The applications are partly allowed.

(ii) The applicants are permitted to withdraw 50% of the deposited amount, on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court. (iii) The applicants are further permitted to withdraw 15% amount on submitting solvent security/security. (iv) Balance amount be invested in Fixed Deposit in any nationalised bank till disposal of the appeal (v) Civil Applications for withdrawal of amount stand disposed of.

CIVIL APPLICATION NO.4919 OF 2021 (Manohar Changdeo Jadhav, died, through L.Rs. Namdeo Manohar Jadhav Executive Engineer, Irrigation Project strengthening Division, Omerga and ors.) Mr.E.S.Murge, Advocate for applicants Mr.S.B.Patil, Advocate for respondent no.1 Mr.S.S.Dande, Advocate for respondent no.2 Respondent no.1 shall comply with the order dated 01.07.2021 to bring on record legal representatives of the deceased claimant forthwith.

CIVIL APPLICATION NO.456 OF 2018 IN FIRST APPEAL [ST] NO.38011 OF 2017 (Executive Engineer, Irrigation Project strengthening Division, Omerga and ors.

Namdeo Manohar Jadhav) AND CIVIL APPLICATION NO.464 OF 2018 AND CIVIL APPLICATION NO.458 OF 2018 IN FIRST APPEAL [ST] NO.38043 OF 2017 AND CIVIL APPLICATION NO.466 OF 2018 IN FIRST APPEAL [ST] NO.38046 OF 2017 AND CIVIL APPLICATION NO.461 OF 2018 IN FIRST APPEAL [ST] NO.38049 OF 2017 Mr.S.B.Patil, Advocate for applicants Mr.E.S.Murge, Advocate for respondent For the reasons stated in the applications, the same are are allowed. Delay caused in filing the appeals is condoned.

12-sr.975-CAs4917 and ors 2.

Issue notice to the respondent in the appeals. Mr.Murge, learned counsel, waives notice for the respondent. Stand over after four weeks.