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Bombay High CourtCA/14867/2019admittedallowedgrantedrule absolute

The State Of Maharashtra And ANR v. Avdhoot Raosaheb More

2025-03-03Hon'Ble Shri Justice Sandipkumar C. More4 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 CIVIL APPLICATION NO. 2022 OF 2025 IN FAST/39289/2019 WITH CIVIL APPLICATION NO. 2023 OF 2025 IN FAST/39289/2019 WITH CIVIL APPLICATION NO. 14860 OF 2019 IN FAST/39289/2019 WITH CIVIL APPLICATION NO. 14861 OF 2019 IN FAST/39289/2019 WITH CIVIL APPLICATION NO. 14868 OF 2019 IN FAST/39487/2019 WITH CIVIL APPLICATION NO. 14869 OF 2019 IN FAST/39487/2019 WITH CIVIL APPLICATION NO. 14862 OF 2019 IN FAST/39490/2019 WITH CIVIL APPLICATION NO. 14863 OF 2019 IN FAST/39490/2019 WITH CIVIL APPLICATION NO. 14866 OF 2019 IN FAST/39493/2019 WITH CIVIL APPLICATION NO. 14867 OF 2019 IN FAST/39493/2019

(2) WITH CIVIL APPLICATION NO. 14864 OF 2019 IN FAST/39496/2019 WITH CIVIL APPLICATION NO. 14865 OF 2019 IN FAST/39496/2019 RAOSAHEB RAMRAO MORE DIED THR LRS. SULOCHANA R. MORE AND ORS ....Applicants

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND ANR .....Respondents .....

Advocate for Applicant : Mr. H. B. Nandagavale AGP for Respondent/State: Mr. Rajdeep R. Raut ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : MARCH 03, 2025 ORDER:- IN CIVIL APPLICATION No. 2022/2025 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record, being the legal representatives of sole respondent Raosaheb Ramrao More, who admittedly died on 30 October, 2022 by condoning the delay of 725 days. There is no question of condoning the delay, since the appellant/ Acquiring Body should has filed this application. As such, the application stands allowed and the appellant/ Acquiring Body

(3) is directed to carry out amendment forthwith. 3.

The application is accordingly disposed of.

IN CIVIL APPLICATION NO. 2023 of 2025, 1.

Heard rival submissions.

2.

The applicants are seeking permission to withdraw entire amount of compensation.

3.

Though the application is opposed, but considering the order dated 03.01.2020 in other connected matter, the applicants are permitted to withdraw 75% of the deposited amount of compensation i.e. 50% on usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of Registrar ( Judicial) of this Court.

4.

The remaining amount be kept in FDR in any Nationalized Bank on yearly renewal basis till final disposal of this appeal.

5.

The application is accordingly disposed of.

IN CIVIL APPLICATION NOS. 14860 OF 2019, 14862/2019,14864/2019,14866/2019,14868/2019 1.

Heard rival submissions.

2.

The appellant Acquiring Body in all these applications, is seeking condonation of delay of 2015 days, which appears to

(4) be caused due to obtaining sanctions at various stages. 3.

There is no strong oppose by the other side.

4.

As such, all the applications are allowed in terms of prayer clause (B) and disposed of.

5.

Appeals be registered after removal of office objections, if any.

IN CIVIL APPLICATION NOS. 14861 OF 2019,14863/2019, 14865/2019,14867/2019, 14869/2019 Since the appellant acquiring body has deposited the entire amounts of compensation, along with the interest in these applications, the same are made absolute during the pendency of these appeals and disposed of.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni