FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- -------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CIVIL APPLICATION NO.522/2010 IN FIRST APPEAL NO.1721/2008 AND CIVIL APPLICATION NO.526/2010 IN FIRST APPEAL NO.2990/2010. Shri A.B.Kale,Adv.for applicants. Shri M.K.Goyanka, Adv. for respondent No.2. Shri C.K.Shinde,Adv.for R.3-A to 3-E, 4 to 10, 12,13,11/1 to 11/6 in F.A. .... CORAM : NARESH H. PATIL & N.D.DESHPANDE,JJ. DATE : 1ST APRIL, 2010. 1] Perused the original record of these 2 First Appeals. Shri Goyanka, learned counsel appearing for M.S.R.T.C. submits that in First Appeal No.1721/08, an amount of Rs. 82,35,088/- is deposited and in First Appeal No.2990/08 an amount of Rs. 16,09,336/- is deposited. The applicant Rajaram has filed both Civil Applications for withdrawal of the amount. 2] Shri Kale, learned counsel for applicant submits that applicant Rajaram is old and bed-ridden. He badly requires money for his family and medical expenses. The learned counsel states that the property situates in the Municipal limits of Erandol. He has led sound evidence in support of his claim for enhancement of compensation. 3] The learned counsel for M.S.R.T.C. submitted that the Reference Court granted amount which was 10 times more than which was granted by the S.L.A.O. 4] Shri C.K.Shinde, learned counsel appearing for respondents 3-A to 3-E, 4 to 10, 12, 13, 11/1 to 11/6 submits that they are related to the original claimants in the Land Acquisition Reference viz. Rajaram, who entered into an arrangement/agreement at [Exh.54 of the record] to apportion the amount of compensation. This document was signed by the parties. This statement is disputed by Shri Kale, learned counsel for applicant, on the ground that Rajaram did not sign this document. 5] Shri C.K.Shinde, learned counsel submits that suit for partition has been filed and is pending in the trial Court. Respondents have share in the amount of compensation and the same shall not be paid to applicant till the dispute is resolved. 6] Shri Kale, learned submits that applicant Rajaram filed the Reference and contested the same. The present respondents though related to him were respondents to the proceedings of Reference filed under Section 18 of the Land Acquisition Act, they cannot be equated to the status of claimants. 7] At this stage, we are not addressing the issues in respect of interse disputed claim of the share which the parties are claiming on the ground of the acquired property being a joint family property. 8] In view of the application filed by claimant Rajaram and the submissions advanced, we are inclined to allow applicant Rajaram to withdraw 25% of the amount which is deposited by M.S.R.T.C. in this Court in both the Appeals by furnishing surety to the satisfaction of the Registrar(Judicial) of this Court. 9] The Registry is directed to deposit rest of the amount in a Fixed Deposit Scheme in the nationalized bank till final disposal of the appeals. Civil Applications stand disposed of. [N.D.DESHPANDE] [NARESH H.PATIL] JUDGE JUDGE umg/ca522-10