The M.K.V.D.C. Thr Ex. Engineer, Med. ... vs Appa Dhondiba Dahatonde And Anr
2024 Latest Caselaw 6488 Bom

Bombay High Court

The M.K.V.D.C. Thr Ex. Engineer, Med. ... vs Appa Dhondiba Dahatonde And Anr on 1 March, 2024

                             1                    932-CA.2363-24.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

            932 CIVIL APPLICATION NO. 2363 OF 2024
IN FAST/2925/2021 WITH CIVIL APPLICATION NO.2368 OF 2024
IN FAST/2919/2021 WITH CIVIL APPLICATION NO.2370 OF 2024
IN FAST/2911/2021 WITH CIVIL APPLICATION NO.2369 OF 2024
IN FAST/2911/2021 WITH CIVIL APPLICATION NO.1818 OF 2021
IN FAST/2911/2021 WITH CIVIL APPLICATION NO.1819 OF 2021
IN FAST/2911/2021 WITH CIVIL APPLICATION NO.1823 OF 2021
IN FAST/2919/2021 WITH CIVIL APPLICATION NO.1827 OF 2021
IN FAST/2925/2021 WITH CIVIL APPLICATION NO.1829 OF 2021
                   IN FAST/2925/2021
APPA RAMBHAU WAMAN (DIED) THR LRS MAHADEO & ORS
                        VERSUS
    THE M.K.V.D.C. THR. EX. ENGINEER MED. PROJECT
                     OSMANABAD

                                 AND

            986 CIVIL APPLICATION NO. 2372 OF 2024
 IN FAST/2851/2021 WITH CIVIL APPLICATION NO.2373 OF 2024
 IN FAST/2851/2021 WITH CIVIL APPLICATION NO. 1901 OF 2021
 IN FAST/2851/2021 WITH CIVIL APPLICATION NO. 1902 OF 2021
                    IN FAST/2851/2021
        SHAIKH DAGDUBHAI AMIRBHAI (DIED) THR LRS.
            BABASAHEB DAGADU SHAIKH AND ORS
                            VERSUS
        THE M.K.V.D.C. THR EX. ENGINEER, MEDIUM PRO.
                    OSMANABAD AND ANR

                                .....
        Advocate for Applicants : Mr. Shekade Shashikant E.
          AGP for Respondents-State : Mrs. R. R. Tandale.
     Advocate for respective Respondent/s : Mr. A. M. Gaikwad.
                                .....

                           CORAM :     S. G. MEHARE, J.
                           DATE :      01.03.2024

PER COURT :-


1.      Heard the respective learned counsels for the parties.
                                  2                         932-CA.2363-24.odt


2.      In similarly situated matters, the Court allowed the

applicants to withdraw the entire amount. Hence, the

following order :

                             ORDER

(i) The applications are allowed.

(ii) The applicants are allowed to withdraw entire amount deposited with this Court with accrued interest on the undertaking to deposit the money, if the impugned judgment and award is reversed.

(iii) The amount deposited with this Court be transferred to the Reference Court. Reference Court should release the amount on the undertaking mentioned above.

(iv) The amount be apportioned as per the share mentioned in the application, in paragraph No.10.

3. Applications to bring the legal heirs on record stand

dismissed as not tenable. Learned counsel for the appellants

got the knowledge about the death of the concerned

respondents. They may take the steps to bring the legal heirs

as per the procedure of law, if they desire.

4. List the matter in due course.

(S. G. MEHARE, J.) ...

vmk/-