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Bombay High CourtIA/750/2021disposed off

Sultankhan Rehmankhan Pathan (Through Power Of Attorney Holder Wahidkhan S Pathan) v. The State Of Maharashtra Thr. The Special Nad Acquisiton Officer No.11 Nashik

2022-10-07Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 15_ia_750_2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.750 OF 2021 IN FIRST APPEAL NO.43 OF 2001 Sultankhan Rehmankan Pathan ...Applicant In the matter between The State of Maharashtra ...Appellant

Versus

Rahimkhan Pathankahn since deceased through LRs Kedarkhan Ahmadkhan (since deceased through LRs) i-a) Ruksana Mardarkhan Pathan and Ors.

...Respondents

...

Mr. Vishwanath Talkute for the Applicant in Ia/750/2021 and for Respondent No.4 in FA/43/2001.

Mr. Y.Y. Dabke, AGP for the Appellant-State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 7th OCTOBER, 2022.

P. C. :- 1.

By this application, the Applicant has sought withdrawal of the compensation deposited by the Appellant-State as per the impugned Judgment and Award passed by the Reference Court in Land Reference No.92 of 1983.

2.

Having considered the reasons stated in the application as well as the grounds raised in the appeal memo, the Applicant is by MEGHA S PARAB Date:

2022.10.11 10:42:42 +0530 MEGHA S PARAB 1/2

Megha 15_ia_750_2021.doc permitted to withdraw 50% of the compensation along with the proportionate interest accrued thereon, subject to an undertaking that the amount will be refunded with interest in the event the Appellant succeeds in the appeal.

3.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2