Baburao Bajirao Birajdar v. The Executive Engineer, Irrigation Project Strengthening Division, Omerga, Osmanabad And ORS

2024:BHC-AUG:1855 17-CA-479-2024+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 479 OF 2024 IN FA/3573/2016 Venkat Baburao Birajdar Died Thro. Lrs. Anita Venkat Birajdar And Others .....Applicants

VERSUS

The Exe. Engineer, Irrigation Pro. Strengthening Div. Omerga, Osmanabad And Ors .....Respondent WITH CIVIL APPLICATION NO. 480 OF 2024 IN FA/3574/2016 Baburao Bajirao Birajdar .....Applicants

VERSUS

The Executive Engineer, Irrigation Project Strengthening Division, Omerga, Osmanabad And Ors .....Respondent .....

Mr. L. C. Patil, , Advocate for Applicant Mr. S. G. Sangle, Advocate for Respondents ...

CORAM

: R.M. JOSHI, J DATE : JANUARY 29, 2024 PER COURT :

1.

These applications filed for withdrawal of the amount deposited by the Appellant.

2.

Learned Counsel for the Applicants/Original Claimants placed reliance on order dated 24.09.2021

17-CA-479-2024+.odt passed by this Court in Civil Application No. 10076/2021 in First Appeal No. 1202/2021. It is his further contention that this order is passed in connection with the same acquisition.

3.

Though learned Counsel for the Appellant/Respondents opposed the application, however, it is not in dispute that the said order passed in connected first appeal. Having regard to the fact that in connected first appeal original claimants therein were permitted to withdraw 50% amount with accrued interest on furnishing usual undertaking and 25% on furnishing solvent surety, the present applications are allowed on same terms.

(R. M. JOSHI, J.) Malani