Dattatray Santram Jadhav v. Godawari Marathwada Irrigation Development Corporation Aurangabad And ORS

2025:BHC-AUG:28162

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 964 CIVIL APPLICATION NO. 3826 OF 2025 IN FA/951/2009 DATTATRAY SANTRAM JADHAV

VERSUS

GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AURANGABAD AND ORS Mr. S. V. Natu, Advocate for Applicant Mr. B. R. Survase, Advocate for Respondent No.1. Mr. A. S. Deshpande h/f Mr. A. S. Deshpande, Advocate for Respondent No.3 CORAM : R. M. JOSHI, J.

DATE : 8th OCTOBER, 2025 P.C. :- 1.

This Application is for withdrawal of 50% amount from the total amount deposited by the original Appellant in First Appeal No. 951/2009.

2.

Learned Counsel for the Applicant, on instructions, makes statement that if 50% amount of total amount is allowed to be withdrawn, Applicant would take 50% amount therefrom and the remaining 50% amount would be paid to Respondent No.3. 3.

Learned Counsel for Respondent No.3 records consent for this arrangement, on instructions.

4.

Learned Counsel for the original Appellant submits that if 964 CA 3826.2025.odt

50% amount of total amount is allowed to be withdrawn and to be shared by the Applicant and Respondent No.3 equally, the Appellant has no objection for the same.

5.

In view of the above, Application stands allowed in following terms:- (a) The 50% of amount of the amount deposited along with interest accrued thereon is permitted to be withdrawn by Applicant and Respondent No.3.

(b) Applicant and Respondent No.3 shall receive 50% each from such amount allowed to be withdrawn along with interest accrued. (c) Office to ensure that the amounts are paid to Applicant and Respondent No.3 by issuing separate cheque.

(d) This order be forwarded to the Execution Court for its compliance.

6.

First Appeal, stand over to 20th November, 2025. (R. M. JOSHI, J.) ssp 964 CA 3826.2025.odt