Shri. Namdeo Budhaji Patil (Since ... vs The State Of Maharashtra (Through ...
2023 Latest Caselaw 7433 Bom

2023:BHC-AS:21088                                10-IA-4709-2023 in FA(ST)-22607-2019.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO.4709 OF 2023
                                                   IN
                                 FIRST APPEAL (STAMP) NO. 22607 OF 2019

                    Namdev Budhaji Patil (Since deceased)
                    Through Legal heirs
                    Kesarinath Namdev Patil and Ors.                        ...        Applicants

                    IN THE MATTER BETWEEN

                    The State of Maharashtra                                ...        Appellant
                          Versus
                    Namdev Budhaji Patil (Since deceased)
                    Through Legal heirs
                    Kesarinath Namdev Patil and Ors.                        ...        Respondents.
                                                   .....

                    Mr. Sanjay Ghaisas, for the Applicants/Respondents.

                    Ms. Tanaya Goswami, AGP, for the Appellant-State.
                                                  .....

                                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 26th JULY, 2023.

P.C.

Heard.

2 This is an application seeking withdrawal of an amount of

Rs.3,26,27,541/- deposited in the Reference Court by the appellant

pursuant to an order passed by this Court on 29 th November, 2019.

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3 It is submitted by the learned Counsel for the applicants that

this Court had stayed the execution and implementation of the

impugned judgment and Award dated 12 th February, 2018 passed by

the Civil Judge, Senior Division, Alibag, subject to deposit of the

entire amount of compensation with interest in the Reference Court

within ten weeks.

4 It is submitted that the applicants being agriculturist were

dependent on the income of agriculture as it was their only source

of livelihood. The applicants now are required the amount to buy

medicines and for daily family needs. As the land has been acquired,

it is difficult for the applicants and family members to have their

daily bread and butter.

5 Learned AGP, on the other hand, strongly objects to allow the

applicants to withdraw the whole amount, as according to the

learned AGP, it would be difficult to recover the amount in case the

appeal succeeds.

6 Having considered the respective submissions at bar, at this

stage, the applicants are permitted to withdraw the 50% of

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compensation amount with accrued interest to meet their essential

expenses as stated in the application.

7 The applicants are at liberty to make an application before the

Reference Court for withdrawal of 50% amount with accrued

interest by furnishing adequate security to the satisfaction of the

Reference Court. After withdrawal of 50% amount, balance

amount be invested in fixed deposit in any nationalized Bank for a

period of three years.

8 Application is disposed of in the aforesaid terms.

                                                [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                                 3 of 3