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Bombay High CourtFA/1212/1998allowed to be withdrawn

The State Of Maharashtra v. Raghu Vithu Kadam

2020-02-08Hon'Ble Shri Justice N. J. Jamadar,National Lok Adalat2 pages

27-FA-1212-1998.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL NO. 1212 OF 1998 The State of Maharashtra ... Appellant Vs.

Raghu Vithu Kadam ... Respondent Mr.Yogesh Dabke, AGP for appellant-State.

Mr. Gaurav Potnis i/b Smt. P.H. Potnis for respondent. Shri Ajay Pawar, Dy. Collector, Pune (SLAO) present. Ms. Shivali D. Pardeshi, Dy. Executive Engineer, Chaskaman Division, Pune present.

CORAM

: N.J. JAMADAR, J.

: V.R. KACHARE, Registrar (Judicial-II) & P.K. NARDELE, O.S.D., Court Receiver DATE : 8 th FEBRUARY 2020 P.C. :

1.

The Deputy Collector (Land Acquisition No.13), Pune for appellant has filed withdrawal pursis seeking leave to withdraw the appeal. Shri Ajay Pawar, Deputy Collector, Land Acquisition No.13, Pune submits that the State does not desire to prosecute the appeal. He admits the contents of the withdrawal pursis and his signature thereon. The withdrawal pursis also bears the signature of Ms. Shivali D. Pardeshi, Dy. Executive Engineer of the acquiring body and the learned AGP for the State.

Shraddha Talekar PS 1/2

27-FA-1212-1998.doc 2.

The withdrawal pursis is taken on record and marked 'A' for identification.

3.

In view of the withdrawal pursis, the appeal stands disposed of as withdrawn. Court fee refund be made as per rules. 4.

In view of withdrawal of appeal, pending application, if any, also stands disposed of.

5.

In view of withdrawal of the appeal, the original claimantrespondent or his legal representatives, in the event the original claimant/respondent is dead, shall be entitled to the amount deposited in the reference Court in terms of the award impugned therein. 6.

In the event the original claimant/respondent is dead, the reference Court shall permit the legal representatives to bring them on record on the basis of an application supported by an affidavit, and thereafter, pass appropriate order to release the amount deposited in the Court, in accordance with law.

( P.K. NARDELE ) ( V.R. KACHARE ) ( N.J. JAMADAR, J. ) Shraddha Talekar PS 2/2