Ramesh Vasantrao Zadpide v. The Ex. Engineer, P.I. Division, Omarga And ORS

C.A. No. 837-2020-.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 837 OF 2020 IN FIRST APPEAL NO. 731 OF 2018 RAMESH VASANTRAO ZADPIDE

VERSUS

THE EX. ENGINEER, P.I. DIVISION, OMERGA AND OTHERS WITH CIVIL APPLICATION NO. 839 OF 2020 IN FIRST APPEAL NO. 732 OF 2018 RAMESH VASANTRAO ZADPIDE

VERSUS

THE EX. ENGINEER, P.I. DIVISION OMERGA AND OTHERS WITH CIVIL APPLICATION NO. 838 OF 2020 IN FIRST APPEAL 730 OF 2018 RAMESH VASANTRAO ZADPIDE

VERSUS

THE EX. ENGINEER, P.I. DIVISION OMERGA AND OTHERS ....

Advocate for the applicant : Mr. N. B. Jadhav AGP for Respondent State : Mr. P.M. Kulkarni Advocate for respondent No.1 : Mr. S. B. Kadu h/f Mr. A. S. Shelke Advocate for respondent No.4 : Mr. L. C. Patil ....

CORAM : S. G. DIGE, J.

DATE : 17.08.2022 PER COURT :-

C.A. No. 837-2020-.odt Heard learned counsel for the applicant and learned counsel for respondent No.4.

2.

Learned counsel for respondent No.4 submits that compromise has taken place between applicant and respondent No.4, hence he has no objection to add applicant as a party in the present appeal.

3.

Learned counsel for respondent No.4 further submits that applicant be permitted to withdraw the amount as per his share, as per terms and conditions of the compromise which was taken place between applicant and respondent No.4, after furnishing solvent surety.

4.

Considering submissions of both the learned counsel, application is allowed in terms of prayer clauses B and C.

5.

Applicant is permitted to withdraw the amount deposited by respondent No.1 as per his share on furnishing solvent surety/ security.

6.

First Appeals be listed on 22nd August, 2022. ( S.G. DIGE,) JUDGE ysk