Bombay High Court
Executive Engineer, Osmanabad Minor ... vs Dinanath Nagnath Mairan (Died) Lrs. ... on 4 October, 2018
Author: P.R. Bora
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
939 CIVIL APPLICATION NO.9657 OF 2018
IN FA/2404/2016 WITH CA/610/2015 IN FA/2404/2016
WITH
CA/9660/2018 IN FA/2404/2016 WITH CA/9661/2018 IN
FA/2404/2016 WITH CA/9662/2018 IN FA/2404/2016 WITH
CA/12309/2018 IN FA/2404/2016 WITH CA/12310/2018 IN
FA/2404/2016 WITH CA/12311/2018 IN FA/2404/2016
DINANATH NAGNATH MAIRAN (DIED) LRS. VIJAYA DINANATH
@DINKAR MAIRAN
VERSUS
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. OSMANABAD
AND ANR
...
Advocate for Applicant : Mr. Tanwade Vikas S.
Mr. S. G. Sangle, Adv. For R /1 ;
Mr. AM Phhle, AGP for Respondent No.2
...
CORAM : P.R. BORA, J.
DATED : 4th OCTOBER, 2018.
PER COURT:-
1. All these applications are filed seeking
withdrawal of the amount of compensation deposited
by the acquiring body in FA No.2404/2016. From the
material it is revealed that one Dinanath Nagnath
Mairan has filed LAR No.124/2007, seeking
enhancement of the amount of compensation before
the Reference Court. During pendency of the said
Reference Application, said Dinanath died and his
legal heirs were taken on record. Thereafter, wife
of Dinanath viz. Bhagirathibai also died. However,
since her legal heirs were already on record, only
her name was deleted from the array of legal heirs
of deceased Dinanath. From the application filed
it is also revealed that one of the daughters of
deceased Dinanath was not added as legal heirs of
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deceased Dinanath and it is the contention of son
of said daughter viz. Lakhan Shiddheshwar Kamthane_
(applicant in CA No. 12311/2018) that he applied to
the Executing Court and accordingly his name has
been added as co-decree holder in the original
execution proceedings. It is the further
contention of the applicants that they have arrived
at the compromise before the Executing Court and
they have decided to share the amount of
compensation in equal proportion. Such compromise
pursis is also placed on record.
2. The learned counsel have submitted that
in companion matters arising out of the same
acquisition proceedings, this Court has permitted
to withdraw the claimants therein 40% of the
deposited amount and 60% balance amount is directed
to be invested in Fixed Deposit Receipt and in such
circumstance, request is made for permitting the
applicants to withdraw 40% deposited amount.
3. After having considered the submissions
though I am convinced that the applicants in the
present appeal also deserve to be permitted to
withdraw some amount, as has been permitted in the
companion matters, I find it proper to transmit the
said amount to the Executing Court so that the
Executing Court may, verify all other aspects, such
as whether the compromise arrived between the
parties is legal and proper, since from the
documents it is difficult to gather whether any
such observation is recorded by the Executing
court. The Executing Court may, if convinced,
disburse the amount as per the compromise arrived
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at between the parties. Hence, the following
order, -
ORDER
i. 40% of the deposited amount be transmitted to the Executing Court - Civil Judge, Senior Division, Osmanabad with a direction that the Executing Court shall, in view of the compromise arrived at between the parties, after verifying the correctness and legality of the said compromise, pass further order for disbursement of the said amount in terms of the said compromise.
ii. The respective claimants shall submit their undertaking before the Executing Court, which in turn shall forward the said undertaking to this Court.
iii. Civil Applications stand disposed of.
4. List the matter after four weeks.
5. To be placed along with FA No.2403/2016 and 2405/2016.
(P.R. BORA) JUDGE bdv ::: Uploaded on - 05/10/2018 ::: Downloaded on - 06/10/2018 01:50:44 :::