Rambhau Kondiba Akhade Died Thr Lrs ... vs The Ex. Engineer, Minor Irrigation Div. ...
2024 Latest Caselaw 2430 Bom

Bombay High Court

Rambhau Kondiba Akhade Died Thr Lrs ... vs The Ex. Engineer, Minor Irrigation Div. ... on 25 January, 2024

2024:BHC-AUG:2048
                                                  1                     23-CA-7211-23.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD


                     23 CIVIL APPLICATION NO. 7211 OF 2023 IN FAST/24160/2021

                     RAMBHAU KONDIBA AKHADE DIED THR LRS SUMAN RAMBHAU
                                        AKHADE AND OTHERS
                                              VERSUS
                       THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION
                                     OSMANABAD AND ANOTHER
                                                 ...
                     24 CIVIL APPLICATION NO. 7390 OF 2023 IN FAST/24066/2021

                     VITHAL PATIBUWA AKHADE DIED THR LRS KAMALBAI V. AKHADE
                                             AND OTHERS
                                                VERSUS
                        THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION
                                      OSMANABAD AND ANOTHER
                                                   ...
                             Advocate for Applicants : Mr. Sanjay A. Wakure
                               AGP for Respondent No.2 : Mr. A. S. Shinde
                                                   ...

                                                      CORAM : S. G. MEHARE, J.

                                                      DATE    : 25-01-2024

                PER COURT :-

1. Heard the learned counsel for the applicants and the learned

A.G.P. for the respondent No.2.

2. In the similarly situated matters, this Court, by order dated

10.01.2023, permitted the applicants/claimants to withdraw 75%

of their respective share from deposited amounts, on certain

conditions. Hence, the order;

i) The applications are allowed.

2 23-CA-7211-23.odt

ii) The applicants are permitted to withdraw 75% of their

respective shares from deposited amounts along with

accrued interest thereon,

(a) Out of it, 50% amount be released on usual

undertaking that they will deposit the amount, if the

judgment and award impugned are reversed,

(b) 25% amount be released on furnishing solvent surety /

security in the like amount, and

(c) Remaining balance 25% amount be invested in the

fixed deposit in any of Nationalized Banks on yearly

renewal basis, as per rules, till the final conclusion of

the appeals.

iii) The applications are accordingly disposed of.

( S. G. MEHARE ) JUDGE

rrd

Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 16:32:34