Manorama Shankarrao Sawant v. The Executive Engineer L.M.I. Division Jalna And ORS

ca405.20 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CIVIL APPLICATION NO.405 OF 2020 IN FA/1120/2018 WITH CA/10025/2015 IN FA/1120/2018 MANORAMA SHANKARRAO SAWANT

VERSUS

THE EXECUTIVE ENGINEER L.M.I. DIVISION JALNA AND ORS ...

Advocate for Applicant : Mr. Kakade Deepak M. Advocate for Respondent No.1 : Mr. R.C. Patil AGP for Respondent No.2: Mr. B.V. Virdhe .....

CORAM : V. K. JADHAV, J.

DATED : 4th NOVEMBER, 2020 PER COURT:- 1.

Heard both sides.

2.

By order dated 18.12.2017 passed in civil application No. 15205 of 2017 in first appeal No. 2479 of 2017 this Court (Coram: K.L. Wadane, J.) has permitted the applicants-original claimants therein to withdraw the compensation amount deposited before this court on certain conditions. Learned counsel for the respondent acquiring body has also not disputed the same. Learned counsel for the acquiring body submits that the applicants herein may be permitted to withdraw the compensation amount on the same terms and conditions.

3.

In view of the above, I am inclined to permit the applicant to withdraw the amount with certain conditions. Hence, the following

ca405.20 -2order:-

O R D E R

I.

The civil application is hereby partly allowed. II.

The applicant-original claimant is permitted to withdraw the compensation amount to the extent of 50% out of the amount deposited before this Court on furnishing undertaking and further 25% of the amount out of the amount deposited before this Court on furnishing solvent security/solvent surety to the satisfaction of Registrar (Judicial) of this Court. III.

Civil application is disposed of.

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