Bombay High CourtCAF/301/2015admittedallwdgrantedrule absolute

State Of Mah. Thr. Collector, Nagpur And ORS v. Shivaji S/O Fakira Dupare Rep. By His Lrs Ds Dupare

2015-02-11Hon'Ble Shri Justice Z.A. Haq2 pages

1102caf301.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION F. NO.301/2015 IN FIRST APPEAL NO.1060/2013 State of Maharashtra through Collector, Nagpur and others ...Versus...

Shri Shivaji s/o Fakira Dupare (Dead through L.Rs.) Smt. Dropadabai wd/o Shivaji Dupare and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, AGP for appellants Shri S.V. Deshmukh, Advocate for respondent nos.1 to 7 CORAM : Z.A. HAQ, J.

DATE : 11.02.2015 Shri S.V. Deshmukh, the learned Advocate for the respondents has submitted that in similar matter (In First Appeal No.849/2012) the Division Bench of this Court has passed order on 20.6.2014 recording that in First Appeal No.42/2012 this Court permitted the land owners to withdraw the entire amount deposited by the appellant (State) on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. In view of this, the prayer of the respondents for withdrawal of the entire amount is granted. The respondents shall be given the amount deposited by the appellants on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. In addition, each of the respondents shall file undertaking

1102caf301.15.odt stating that in case at the time of hearing of the appeal it is found that the respondents are not entitled for the amount withdrawn by them, they shall deposit the amount with the Registry of this Court with interest as would be determined by this Court, in the stipulated time.

The civil application is allowed in the above terms. JUDGE Wadkar