{1} Civil Application No.5183/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5183 OF 2011 IN FIRST APPEAL STAMP NO.10464 OF 2011 The Executive Engineer, APPLICANT Construction Railway Board, VERSUS Shrirang Rama Kokne (Dead) Thru LRs & Ors RESPONDENTS ....... Mr.D.V.Soman, Advocate for the applicant Mr.V.G.Sakolkar, Advocate for claimants, Mr. S.D.Kaldate, AGP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 5 th December 2011 PER COURT: 1. By this application, the applicant-acquiring body, has prayed to condone the delay of 348 days caused in filing appeal. Heard learned counsel for the parties. For the grounds stated in the application and in view of the observations of the Apex Court in State of Karnataka versus Y.Moideen Kunhi (dead) by LR.s and others, AIR 2009 SC 2577, the delay is condoned and the application is allowed. [A.V.POTDAR, J.] drp/B11/ca5183-11 {2} Civil Application No.5183/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5184 OF 2011 IN FIRST APPEAL STAMP NO.10464 OF 2011 The Executive Engineer, APPLICANT Construction Railway Board, VERSUS Shrirang Rama Kokne (Dead) Thru LRs & Ors RESPONDENTS ....... Mr.D.V.Soman, Advocate for the applicant Mr.V.G.Sakolkar, Advocate for claimants, Mr. S.D.Kaldate, AGP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 5 th December 2011 PER COURT: 1. By this application, the applicant seeks stay to the execution of the judgment and award passed by Civil Judge, Senior Division, Latur in LAR No.114/2000. It is informed that as per the directions of this Court dated 21.04.2011, the applicant has deposited the entire amount of award in the lower court. In the light of this, the application is allowed. Stay to the execution of the impugned judgment. [A.V.POTDAR, J.] drp/B11/ca5183-11 {3} Civil Application No.5183/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO.10464 OF 2011 The Executive Engineer, APPELLANT Construction Railway Board, VERSUS Shrirang Rama Kokne (Dead) Thru LRs & Ors RESPONDENTS ....... Mr.D.V.Soman, Advocate for the applicant Mr.V.G.Sakolkar, Advocate for claimants, Mr. S.D.Kaldate, AGP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 5 th December 2011 PER COURT: 1. Heard. Notice before admission. Mr.Sakolkar, learned counsel accepts notice for original claimants and learned AGP accepts notice for respondent State. S.O. to 27.02.2012. Learned counsel for the appellant to take instructions as regards the status of the other appeals, if any, filed against the impugned award. [A.V.POTDAR, J.] drp/B11/ca5183-11 {4} Civil Application No.5183/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13250 OF 2011 IN FIRST APPEAL STAMP NO.10464 OF 2011 Shrirang Rama Kokne (Dead) Thru LRs & Ors APPLICANTS VERSUS The Executive Engineer, RESPONDENTS Construction Railway Board & Another ....... Mr.V.G.Sakolkar, Advocate for the applicants Mr.D.V.Soman, Advocate for respondent No.1 Mr. S.D.Kaldate, AGP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 5 th December 2011 PER COURT: 1. By this application, the original claimants have prayed to allow them to withdraw the amount deposited by the appellant in the executing court. According to learned counsel for the applicants, the Reference Court has allowed the claimants to withdraw the amount by furnishing bank guarantee, however in view of stay granted by this Court, the claimants could not withdraw the said amount. 2. Learned counsel for acquiring body has contended that {5} Civil Application No.5183/2011 the Reference Court has enhanced the amount exorbitantly i.e. by 15 times than the compensation awarded to the claimants. In the light of this, the matter requires consideration, however, considering the fact that a very small piece of land is acquired, in the interest of justice, it will be appropriate if the claimants are allowed to withdraw the part amount. 3. Consequently, the application is partly allowed. The applicants are permitted to withdraw Rs.6 lakh from the amount deposited by the appellant for which the applicants have already furnished bank guarantee. The applicants be permitted to withdraw the amount of Rs.6 lakh on verification of the bank guarantee already furnished by them and on furnishing undertaking that the withdrawal shall be subject to the final decision of the first appeal. [A.V.POTDAR, J.] drp/B11/ca5183-11