The State Of Maharshtra v. Sahadu Shankar Walunj

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 453 OF 2003 The State of Maharashtra ..Appellant vs.

Sahadu Shankar Walunj ..Respondent WITH CIVIL APPLICATION NO. 4672 OF 2010 IN FIRST APPEAL NO. 453 OF 2003 Maharashtra Krishna Valley Development Corporation ..Applicant vs.

State of Maharashtra & anr.

..Respondents ------------------ Mr. Yogesh Dabke, AGP for State.

Mr. Gaurav Potnis I/b. Smt. Pallavi Potnis for respondents. ------------------- CORAM :

M.S.KARNIK, J.

V.B. KAKATKAR, O.S.D. REGISTRAR & PRASHANT C. KALE, DEPUTY REGISTRAR, LEGAL & RESEARCH DATE : 13th JULY, 2019 1/3

P.C. :

Learned AGP has filed withdrawal pursis which is taken on record and marked as 'X' for identification. However, Shri Potnis appearing on behalf of the respondents-claimants states that he has no instructions in the matter. 2.

As we are only permitting the Appeal filed by the Government to be withdrawn, non receipt of the instructions by Shri Potnis is of no consequence.

3.

The respondents/claimants are permitted to withdraw the amount awarded by the Reference Court already deposited by the appellant in this Court/trial Court if not already withdrawn. In case the claimants have been permitted to withdraw part of the amount deposited, they are at liberty to withdraw the balance, if any.

2/3

4.

Needless to mention that the respondents/claimants are permitted to withdraw the said amount along with accrued interest, if any.

5.

The Appeal is allowed to be withdrawn and disposed of as such.

6.

Court fee be refunded to the appellant if they are entitled for refund as per the rules.

7.

In view of the disposal of the Appeal, nothing survives for consideration in the Civil Application. The Civil Application is disposed of.

(PRASHANT C. KALE) (V.B. KAKATKAR) (M.S.KARNIK,J.) 3/3