Pandurang Bhagwan Waghmode And ... vs The Executive Engineer Osmanabad ...
2021 Latest Caselaw 10026 Bom

                                                         1057CA6855.2021
                                  -1-

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD.

                  CIVIL APPLICATION NO. 6855 OF 2021
                                 IN
                    FIRST APPEAL NO. 3304 OF 2017

 Ramhari Narsu Waghmode & Anr.                             ...Applicants

          Versus

 The Executive Engineer, Osmanabad,
 Medium Project Division, Osmanabad & Ors.             ...Respondents

                                   .....
 Shri. E. S. Murge, Advocate for the applicants
 Shri. R. A. Tambe, Advocate for respondent No. 1
                                  .....

                                AND
                  CIVIL APPLICATION NO. 6857 OF 2021
                                 IN
                    FIRST APPEAL NO. 3303 OF 2017

 Ashruba Kondiba Mahanwar (Died)
 through LR's -
 Kalabai Ashruba Mahanwar & Ors.                           ...Applicants

          Versus

 The Executive Engineer, Osmanabad,
 Medium Project Division, Osmanabad & Ors.             ...Respondents

                                   .....
 Shri. E. S. Murge, Advocate for the applicants
 Shri. R. A. Tambe, Advocate for respondent No. 1
                                  .....

                                AND
                  CIVIL APPLICATION NO. 6859 OF 2021
                                 IN

 SG Punde, PA


::: Uploaded on - 31/07/2021              ::: Downloaded on - 01/08/2021 03:12:53 :::
                                                            1057CA6855.2021
                                     -2-

                       FIRST APPEAL NO. 3305 OF 2017

 Pandurang Bhagwan Waghmode & Anr.                           ...Applicants

          Versus

 The Executive Engineer, Osmanabad,
 Medium Project Division, Osmanabad & Ors.               ...Respondents

                                   .....
 Shri. E. S. Murge, Advocate for the applicants
 Shri. R. A. Tambe, Advocate for respondent No. 1
                                  .....

                                AND
                  CIVIL APPLICATION NO. 6861 OF 2021
                                 IN
                    FIRST APPEAL NO. 3306 OF 2017

 Bapurao Buwaji Waghmode & Anr.                              ...Applicants

          Versus

 The Executive Engineer, Osmanabad,
 Medium Project Division, Osmanabad & Ors.               ...Respondents

                                   .....
 Shri. E. S. Murge, Advocate for the applicants
 Shri. R. A. Tambe, Advocate for respondent No. 1
                                  .....


                                CORAM : R. G. AVACHAT, J.

DATE : 30th JULY, 2021

PER COURT : -

1. These applications are moved for withdrawal of the

amount.

SG Punde, PA

1057CA6855.2021

2. Heard. Perused the applications.

3. Learned Counsel for the respondent- acquiring Body

strongly objects to withdrawal of the amount. He relied on the

judgment in the case of Executive Engineer, Minor Irrigation

Division, Jalgaon Vs. Vitthal Damodar Patil reported in (2019) 7

SCC 225.

4. For the reasons given in the applications, the applicants

are permitted to withdraw 50% of the amount deposited in this Court,

on furnishing usual undertaking to the satisfaction of the Registrar

(Judicial) of this Court. The balance amount be invested in any

nationalized Bank, till disposal of the appeals.

5. The Civil Applications for withdrawal of the amount, are

accordingly disposed of.

[ R. G. AVACHAT ] JUDGE

SG Punde, PA