Bombay High Court
Godhavari Marathwada Irrigation ... vs Madhukar Shankarappa Deshmane ... on 9 March, 2023
Bench: R. G. Avachat
First Appeal No.31/2013
with connected appeals
:: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.31 OF 2013
Kisan s/o Satwaji Patil Kinhalkar ... APPELLANT
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
Shri K.M. Nagarkar, Advocate for appellant
Shri S.N. Morampalle, A.G.P. for respondents No.1 and 2
Shri R.D. Biradar, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.32 OF 2013 WITH
CIVIL APPLICATION NO.2648 OF 2019
Shaikh Farid s/o Walliji ... APPELLANT
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
Shri K.M. Nagarkar, Advocate for appellant
Shri S.N. Morampalle, A.G.P. for respondents No.1 and 2
Shri R.D. Biradar, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.3498 OF 2019
Godhavari Maratwada Irrigation
Development Corporation, Aurangabad ... APPELLANT
VERSUS
Kishan s/o Satwaji Patil Kinhalkar & ors. ... RESPONDENTS
::: Uploaded on - 13/03/2023 ::: Downloaded on - 14/03/2023 00:17:03 :::
First Appeal No.31/2013
with connected appeals
:: 2 ::
.......
Mr. B.S. Kudale, Advocate holding for
Shri R.D. Biradar, Advocate for appellant
Shri K.M. Nagarkar, Advocate for respondent no.1.
Shri S.N. Morampalle, A.G.P. for respondents No.2 and 3
.......
WITH
FIRST APPEAL NO.3499 OF 2019
Godhavari Maratwada Irrigation
Development Corporation, Aurangabad ... APPELLANT
VERSUS
Madhukar s/o Shankarappa Deshmane
& ors. ... RESPONDENTS
.......
Mr. B.S. Kudale, Advocate holding for
Shri R.D. Biradar, Advocate for appellant
Shri A.N. Patale, Advocate for respondent no.1.
Shri S.N. Morampalle, A.G.P. for respondents No.2 and 3
.......
CORAM : R. G. AVACHAT, J.
DATE : 9th March, 2023.
ORDER :
Mr. K.M. Nagarkar, learned counsel submits that,
in the judgment dated 23rd June 2022, inadvertently instead
of First Appeal No.1346/2019, title of First Appeal
No.3499/2019 has been typed. He further submits that, vide
order dated 14/12/2022, First Appeal No.1346/2019 was
removed from Board for the reason that it was wrongly listed
along with First Appeal No.31/2013 and other connected
First Appeal No.31/2013
with connected appeals
:: 3 ::
appeals. Mr. Nagarkar submits that, this order should have
been passed in First Appeal No.3499/2019. Hence, the title of
First Appeal No.3499/2019 be deleted from the judgment
dated 23rd June 2022 and title of First Appeal No.1346/2019
along with Civil Application No.1006/2021 be shown.
2. Mr. Nagarkar, learned counsel further submits
that, in the judgment dated 23/6/2022, there is no mention
about withdrawal of the amount. Hence, following order is
passed :
3. The acquiring body has no objection to permit the
claimants to withdraw the remaining amount which is in
deposit with this Court.
4. In view of the above, the amount in deposit with
this Court be paid to the claimants along with interest accrued
thereon till the date of payment.
5. First Appeal No.3499/2019 be listed before the
Court in due course.
( R. G. AVACHAT )
JUDGE
fmp/-
