THE EXECUTIVE ENGINEER MINOR IRRIGATION JALNA v. BABURAO TRIMBAK BADE
CA/13321/2023 · 2025-03-07
Shri S G Chapalgaonkar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30572 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30572 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 ca 2575.25+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 2575 OF 2025 IN FA/1947/2024 Sahebrao Jayram Aghav Died Through Lrs Jijabai Sahebrao Aghav And Ors VERSUS The Executive Engineer And Ors ... WITH CIVIL APPLICATION NO. 13328 OF 2023 IN FA/1947/2024 … AND 59 CIVIL APPLICATION NO. 2519 OF 2025 IN FA/1952/2024 Baburao Trimbak Bade VERSUS The Executive Engineer Minor Irrigation Department And Ors ... WITH CIVIL APPLICATION NO. 13321 OF 2023 IN FA/1952/2024 and 63 CIVIL APPLICATION NO. 2535 OF 2025 IN FA/1948/2024 Narayan Rangnath Wagh Died Through Lrs Taramati Narayan Wagh And Ors VERSUS The Executive Engineer And Ors ... WITH CIVIL APPLICATION NO. 13330 OF 2023 IN FA/1948/2024 AND 64 CIVIL APPLICATION NO. 2544 OF 2025 IN FA/1949/2024 Krishna Jagannath Dhadke VERSUS The Executive Engineer Minor Irrigation Division And Ors ...
2 ca 2575.25+.odt WITH CIVIL APPLICATION NO. 13317 OF 2023 IN FA/1949/2024 … Advocate for Applicant : Mr. A.S. Jagtap h/f R.K. Shinganpure AGP for Respondents: Mr. D B Bhange/ Mr. V S Badakh Advocate for Respondents : Mr. Suresh W. Munde For R/1 (in all applications)
CORAM : S. G. CHAPALGAONKAR, J. Dated : March 07, 2025
ORDER :- Applications for withdrawal of the amount :-
1.
Learned counsel appearing for the applicant/s invites attention of this Court to the order dated 3.1.2025 passed in civil application no.11317 of 2024 in FA No.3113 of 2024 and submit that this Court in sister appeals permitted the applicants/original claimants to withdraw 75% of the amount deposited by the acquiring body and urges to follow the same course in the present matter.
2. Mr. Munde, learned counsel appearing for the respondents do not dispute that order referred is pertaining to sister appeals arising out of the same acquisition.
3. In that view of the matter, application is partly allowed. The applicants are permitted to withdraw 75% of the amount deposited with the Registry of this Court alongwith accrued interest, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance of the amount be kept in fixed deposit in any nationalized bank pending the appeal. CA stands disposed off.
3 ca 2575.25+.odt Stay Applications :- Mr. Munde, learned counsel appearing for the acquiring body submits that entire amount as per award passed by the Reference Court is deposited in the respective appeals. His statement is supported by office endorsement. Hence, civil applications are allowed in terms of prayer clause ‘B’ and
disposed off. Appeals :- Admit. Print and paper book stands dispensed with. Parties are at liberty to move for early hearing.
( S. G. CHAPALGAONKAR, J. ) …-