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2025 DAILYLAW 24229 (BOM)

THE EXECUTIVE ENGINEER, IRRIGATION PROJECT, STRENGTHENING DIVISION, TULJAPUR v. BALU EKNATH KOKATE, DIED, HIS L.RS

CA/10796/2024 · 2025-09-02

Shri Shailesh P Brahme

body2025

Judgment text

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1 133fa1939.25 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 133 FIRST APPEAL NO. 1939 OF 2025 WITH CIVIL APPLICATION NO. 10796 OF 2024 IN FA/1939/2025 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT, STRENGTHENING DIVISION, TULJAPUR VERSUS BALU EKNATH KOKATE, DIED, HIS L.RS ... Advocate for Appellant : Mr. Malte Uday S. (Through V.C.) AGP for Respondent Nos. 2 & 3/State : Mr. B.A. Shinde Advocate for Respondents : Mr.P. B. Rakhunde ... CORAM : SHAILESH P. BRAHME, J. DATE : 02.09.2025 PER COURT : ORDER IN FIRST APPEAL : 1. Mr. P.B. Rakhunde, learned Advocate for Respondent No. 1-A submits that he has instructions to appear for all Claimants. He tenders on record a copy of order dated 26.06.2025 and prays for passing similar order for permitting him to withdraw 75% of the amount deposited by the Acquiring Body in this Court. 2. Parties are unanimous that in the similarly situated 2 133fa1939.25 matters this Court permitted to withdraw 50% of the amount on furnishing usual undertaking and 25% of furnishing solvent surety/security. Therefore, I proposed to follow the same course. 3. The respondents/Claimants shall be entitled to withdraw/receive 50% of the amount deposited on furnishing usual undertaking and further 25% amount deposited on solvent surety/security to the satisfaction of the learned Registrar, (Judicial) of this Court. ORDER ON STAY APPLICATION : 4. As the entire amount is deposited, the ad-interim injunction granted stands confirmed. 5. The Civil Application is disposed of. ( SHAILESH P. BRAHME ) JUDGE mahajansb/