Rambhau Baburao Dhole v. The Ex. Engineer, Lower Dudhana Project Div. Selu And ORS

{1} fa132-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.132 OF 2015 WITH CIVIL APPLICATION NO.5719 OF 2014 The Executive Engineer, Lower Dudhna Project APPELLANT

VERSUS

Rambhau Baburao Dhole and Others RESPONDENTS .......

Mr. Vivek M. Lomte, Advocate for the appellant Mr. B. V. Virdhe, AGP for respondent - State Mr. S. B. Bhapkar, Advocate for respondent No.1 .......

WITH CIVIL APPLICATION NO.1532 OF 2018 IN FIRST APPEAL NO.132 OF 2015 Rambhau Baburao Dhole APPLICANT

VERSUS

Executive Engineer, Lower Dudhna Project & Ors RESPONDENTS .......

Mr. S. B. Bhapkar, Advocate for the applicant Mr. B. V. Virdhe, AGP for respondent - State Mr. Vivek M. Lomte, Advocate for respondent No.1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 24 th FEBRUARY, 2018 ORDER :

1.

Learned advocate appearing for the appellant places on

{2} fa132-15 record a communication dated 30th October, 2017 issued by Executive Engineer, Irrigation Division, Jalna along with order dated 7th November, 2017 passed by this court in first appeal No.2167 of 2014 and other connected matters and seeks leave to withdraw the appeal. The communication along with order is taken on record and marked "X" for the purpose of identification. 2.

Leave granted.

3.

First appeal stands disposed of as withdrawn. 4.

Court fees, if any, be refunded to the appellant as per rules.

5.

Since appeal is being withdrawn unconditionally and there is no dispute about that the amount deposited by the appellant in this court is towards land acquisition compensation pursuant to award, the respondent-claimant is allowed to withdraw the same along with interest accrued thereon.

6.

Civil applications No. 5719 of 2014 and 1532 of 2018 also stand disposed of.

[SUNIL P. DESHMUKH, J.] drp/fa132-15