The Ex. Engineer, Minor Irrigation ... vs Govind Jagannath Kawade (Died) Thr Lrs. ...
2024 Latest Caselaw 1663 Bom

Bombay High Court

The Ex. Engineer, Minor Irrigation ... vs Govind Jagannath Kawade (Died) Thr Lrs. ... on 19 January, 2024

2024:BHC-AUG:1598
                                                1                    23-CA-783-22.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD


                               CIVIL APPLICATION NO. 783 OF 2022
                                         IN FA/2396/2023

                GOVIND JAGANNATH KAWADE (DIED) THR LRS INDUBAI (DIED) THR
                                  LRS MAHADEV AND OTHERS
                                            VERSUS
                THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND
                                            OTHERS
                                               ...
                         Advocate for Applicant : Mr. Pravin B. Rakhunde
                        AGP for Respondents No.1 and 2 : Mr. A. S. Shinde
                          Advocate for Respondent No.3 : Mr. S. C. Arora
                        Advocate for Respondent No.4 : Mr. D. A. Madake
                                               ...
                                             WITH
                     CIVIL APPLICATION NO. 14987 OF 2019 IN FA/2396/2023
                                               ...

                                                    CORAM : S. G. MEHARE, J.

DATE : 19-01-2024

PER COURT :-

1. Heard the learned respective counsels.

2. The appellant/acquiring body has preferred appeal against

the impugned judgment and award. The claimants were sisters

and two brothers. The amount of compensation has been

deposited. There was a dispute between brothers about share.

3. Considering these facts, the application deserves to be

allowed partly. Hence, the order;

2 23-CA-783-22.odt

i) The application is partly allowed.

ii) The applicants are entitled to take 1/8th share per strip from

the 75% of the amount deposited with accrued interest, on

furnishing an undertaking that they will re-deposit the

amount, if the judgment and order is reversed.

( S. G. MEHARE ) JUDGE

rrd