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Bombay High CourtCA/4330/2018admittedallowedgrantedrule absolute

The Ex. Engineer, Irrigation Project Strengthening Division, Thr Mpd Osmanabad And ORS v. Sheku Shivram Durge (Dead) Thr Lrs Mahadeo Sheku Durge

2024-11-28Hon'Ble Shri Justice Kishore C. Sant4 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 12588 OF 2024 IN FA/2680/2023 AND CIVIL APPLICATION NO. 12587 OF 2024 IN FA/2682/2023 AND CIVIL APPLICATION NO. 12585 OF 2024 IN FA/2681/2023 AND CIVIL APPLICATION NO. 12584 OF 2024 IN FA/2683/2023 AND CIVIL APPLICATION NO. 12583 OF 2024 IN FA/2682/2023 AND CIVIL APPLICATION NO. 12586 OF 2024 IN FA/2681/2023 AND CIVIL APPLICATION NO. 4326 OF 2018 IN FA/2680/2023 AND CIVIL APPLICATION NO. 4332 OF 2018 IN FA/2683/2023 AND CIVIL APPLICATION NO. 4330 OF 2018 IN FA/2681/2023 AND CIVIL APPLICATION NO. 4328 OF 2018 IN FA/2682/2023

(2) SADANAND HARIBA MANE ....Applicant

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR, OSMANABAD AND ORS .....Respondent Mr. L. C. Patil, Advocate for the applicant Mrs. A. S. Hoge Patil, Advocate for the respondent No.1 Mr. R. K. Ingole, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 28th NOVEMBER, 2024 P. C.

LRs This application is filed for bringing on record the legal heirs of the deceased- Mahadeo Sheku Durge who died on 04-06-2022. The application is moved by his legal heirs. It is stated that there is no any other representative except the present applicants. There is delay of 411 days caused in filing this application.

3.

For the reasons stated in the application, the

(3) application stands allowed by condoning the delay. 4.

The amendment be carried out within two weeks from today.

WITHDRAWAL Heard.

The applicant relies on the order dated 30-03-2023 passed in CA/4078/2022 and other connected matters. Hence, the following order.

ORDER

a] The application stands allowed.

b] The applicants are permitted to withdraw 50% of the amount deposited in the office of this court alongwith accrued interest on furnishing usual undertaking and 25% of the amount is allowed to withdraw on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of

(4) this court. Remaining amount be kept in a fixed deposit in any nationalized bank till pending the appeal.

STAY Since the amount is already deposited in the office of this court, there shall be stay to the impugned judgment and award till further orders.

The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/14ca12588.24