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2026 DAILYLAW 18323 (BOM)

BAPURAO BAPUSAHEB LIMBAJI DESHMUKH DECEASED THROUGH LRS BALASAHEB BAPUSAHEB DESHMUKH v. The Executive Engineer L M I Division Latur

CA/3836/2026 · 2026-10-09

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Judgment text

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1 932-CA.3835-26 (933).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 3835 OF 2026 IN FA/2933/2024 BALASAHEB S/O BAPUSAHEB DESHMUKH AND ORS VERSUS THE EXECUTIVE ENGINEER LM I DIVISION LATUR WITH CIVIL APPLICATION NO. 267 OF 2024 IN FA/2933/2024 WITH CIVIL APPLICATION NO. 5207 OF 2026 IN FA/2933/2024 AND 933 CIVIL APPLICATION NO. 3836 OF 2026 IN FA/3017/2024 BAPURAO BAPUSAHEB LIMBAJI DESHMUKH DECEASED THROUGH LRS BALASAHEB BAPUSAHEB DESHMUKH VERSUS THE EXECUTIVE ENGINEER L M I DIVISION LATUR WITH CIVIL APPLICATION NO. 5206 OF 2026 IN FA/3017/2024 WITH FIRST APPEAL NO. 3017 OF 2024 WITH X-OBJECTION NO. 238 OF 2025 IN FA/3017/2024 ... Advocate for Applicants : Mr. Chillarge Subhash S. AGPs for Respondent/s-State : Ms. Dr. Kalpalata Patil Bharaswadkar, Mr. K. S. Patil, respectively. Advocate for Respective Respondent/s : Mr. V. C. Solshe. ... CORAM : MANJUSHA A. DESHPANDE, J. DATE : 09.10.2026 PER COURT :- 1. In the appeals filed by the acquiring body, this Court while granting stay to the execution and implementation of the impugned judgment and award vide order dated 05.03.2024 had directed the appellant/acquiring body to deposit the entire 2 932-CA.3835-26 (933).odt amount of compensation within a period of twelve (12) weeks from the date of order. Accordingly, 50% of the entire amount has been deposited by the acquiring body. The applications are filed by the original claimants for withdrawal of the amount. It is submitted that since only 50% of the amount which was directed to be deposited by the acquiring body, the entire amount should be allowed to be withdrawn by the applicants. 2. The prayer of the applicants is opposed by the learned advocate for the acquiring body. 3. Considering that, Civil Applications are filed for withdrawal of amount, the same are allowed and the applicants are permitted to withdraw the amount that is deposited by the acquiring body in this Court subject to the usual undertaking given by the applicants to the satisfaction of the Registrar (Judicial) of this Court. 4. In view of the disbursement of the amount in the Civil Application No.3835 of 2026, the Civil Application No.5207 of 2026 stands withdrawn at the request of the learned advocate for the applicants. 5. In view of the disbursement of the amount in Civil Application No.3836 of 2026, Civil Application No.5206 of 3 932-CA.3835-26 (933).odt 2026 stands withdrawn at the request of the learned advocate for the applicants. (MANJUSHA A. DESHPANDE, J.) ... vmk/-