1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 15710 OF 2010 IN FIRST APPEAL NO. 106 of 2010 Damu Narayan Somwanshi ...Applicant VERSUS The Executive Engineer, LMP Divn, Latur, through GMIDC, Aurangabad and anr. ...Respondents W I T H CIVIL APPLICATION NO. 15693 OF 2010 IN F. A. NO. 116 OF 2010 CIVIL APPLICATION NO. 15701 OF 2010 IN F. A. NO. 107 OF 2010 CIVIL APPLICATION NO. 15694 OF 2010 IN F. A. NO. 117 OF 2010 CIVIL APPLICATION NO. 15695 OF 2010 IN F. A. NO. 118 OF 2010 CIVIL APPLICATION NO. 15696 OF 2010 IN F. A. NO. 121 OF 2010 CIVIL APPLICATION NO. 15697 OF 2010 IN F. A. NO. 122 OF 2010 CIVIL APPLICATION NO. 15698 OF 2010 IN F. A. NO. 123 OF 2010 CIVIL APPLICATION NO. 15699 OF 2010 IN F. A. NO. 108 OF 2010 CIVIL APPLICATION NO. 15700 OF 2010 IN F. A. NO. 104 OF 2010 CIVIL APPLICATION NO. 15702 OF 2010 IN F. A. NO. 105 OF 2010 CIVIL APPLICATION NO. 15703 OF 2010 IN F. A. NO. 114 OF 2010 CIVIL APPLICATION NO. 15704 OF 2010 IN F. A. NO. 113 OF 2010 CIVIL APPLICATION NO. 15705 OF 2010 IN F. A. NO. 112 OF 2010 CIVIL APPLICATION NO. 15706 OF 2010 IN F. A. NO. 111 OF 2010 CIVIL APPLICATION NO. 15707 OF 2010 IN F. A. NO. 110 OF 2010 CIVIL APPLICATION NO. 15708 OF 2010 IN F. A. NO. 109 OF 2010 CIVIL APPLICATION NO. 15709 OF 2010 IN F. A. NO. 115 OF 2010 CIVIL APPLICATION NO. 2361 OF 2011 IN F. A. NO. 119 OF 2010 2 ..... Shri V.V.Bhavthankar, advocate for the applicants Shri S.S.Thombare, advocate for respondent no.1 Shri B.J.Sonawane, A.G.P. for respondent no.2 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 24 th February, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 Leave to amend the prayer clause, with permission to mention the Execution Proceeding number in stead of Land Acquisition Reference number, granted. 3 The applicants (original claimants) have preferred the present Civil Applications requesting for issuance of directions that the amount deposited by respondent no.1 herein, in this court, be transferred to the Executing Court i.e. Civil Judge, Senior Division, Latur. The applicants submit that after acquiring their lands by respondent no.1, the applicants filed their respective Land Acquisition Reference before the Civil Judge, Senior Division, Latur 3 for enhancement of compensation and the said Land Acquisition References were allowed by the common judgment and award dated 27.4.2007, rendered by the Civil Judge, Senior Division, Latur. Being aggrieved by the said judgment and award, respondent no.1 herein has preferred the accompanying First Appeals challenging the same and same are pending. 4 It is also submitted that by order dated 15.7.2009, respondent no.1 herein i.e. acquiring body was directed to deposit the entire compensation amount covered under the award in this court. However, it is submitted that respondent no.1 acquiring body has deposited 50 per cent of the amount under the award in this court. It is further submitted that the applicants belonging to Mofusil area are unable to come to this court due to difficulties to withdraw the amount, and hence, the applicants pray that the amount of compensation deposited by respondent no.1 herein be transferred to the Civil Judge, Senior Division, Latur in the respective execution proceedings filed by them in their Land Acquisition Reference and the applicants be permitted to withdraw the said amount. 5 Considering the contents of the applications and considering the submissions advanced by the learned counsel for the 4 parties, I am of the view that there is no impediment in transmitting the amount deposited by respondent no.1 herein, to the Civil Judge, Senior Division, Latur in the respective execution proceedings filed by them in their Land Acquisition Reference, but the applicants are required to be permitted to withdraw the amount so transmitted on furnishing solvent security to the satisfaction of the Executing Court and with the said direction, the present Civil Applications can be allowed. 6 In the result, the Civil Applications are allowed and the amount deposited by respondent no.1 herein be transmitted to the Executing Court i.e. the Civil Judge, Senior Division, Latur in the respective Execution Proceeding filed by them in their respective Land Acquisition References and the applicants are permitted to withdraw the said amount upon furnishing the solvent security to the satisfaction of the Executing Court and present Civil Applications stand disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca15710.10