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Bombay High CourtCA/269/2017disposed offdismissed for default

Purushottam S/O Narharrao Joshi v. Narharrao S/O Anantrao Joshi Died Through L.Rs And Others

2019-07-09Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

(Order) (1) C.A. No. 00269 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 00269 of 2017 (In Second Appeal No. 0016 of 2017) District : Latur Purushottam s/o. Narharrao Joshi.

.. Applicant versus Narharrao s/o. Anantrao Joshi (Died) through L.Rs., Sow. Prabhawati w/o. Madhukarrao Kulkarni, etc.

& others.

.. Respondents ...........

Mr. Pramod F. Patni, Advocate, for the applicant. Mr. Milind Patil, Advocate, for respondents no.1/1 to 1/3, 04 to 06.

Respondent no.02 deleted.

Mr. Shailendra S. Gangakhedkar, Advocate, for respondent no.3/1.

Mr. Vinay B. Anjanwatikar, Advocate, for respondents no.3/2 to 3/5 and 07.

Mr. S.B. Ghute, Advocate, for respondents no.08, 09 and 11.

Respondent no.10 served (Absent).

...........

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 09TH JULY 2019

(Order) (2) C.A. No. 00269 of 2017 ORAL ORDER :

01.

Since the appeal has been admitted and the fact that the interim relief is operating since 08th August 2018, it is continued till the final hearing and disposal of the second appeal.

02.

The statement appears to have been made by the respondents, that till next date, they will not seek withdrawal of the compensation lying with the acquiring body. Taking into consideration the change in the nature of the property and the fact that the appellant is seeking share in the same, the acquiring body shall not release the amount of compensation till the decision of the second appeal.

03.

The civil application is disposed of in the above terms.

( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / CA269.17