Abasaheb Kisan Sirsat v. G.M.I.D.C, Thr Its Ex. Engineer, Latur Medium Project Div. Latur And ANR

{1} ca5125-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5125 OF 2018 IN FIRST APPEAL NO.581 OF 2010 Abasaheb Kisan Sirsat APPLICANT

VERSUS

GMIDC, Through Executive Engineer and Another RESPONDENTS .......

Mr. Mahesh S. Patil, Advocate for the applicant Mr. S. G. Sangale, Advocate for respondents No1 and 2 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 13 th APRIL, 2018 ORDER :

1.

Learned advocates for the applicant states that present first appeal is from the group of first appeals bearing No. 566 of 2010 and companion matters and in view of the order passed by division bench on 4th September, 2015, present application deserves to be given similar treatment.

2.

Learned advocate for the respondents - acquiring body although is reluctant to accede to the request, is not in a position to dispute factual position as referred to above by learned advocate for the applicant.

{2} ca5125-18 3.

In view of aforesaid, it would be expedient to pass similar order in present application. As such, in view of order passed in civil application No.10996 of 2015 and companion civil applications dated 4th September, 2015 , the applicant be permitted to withdraw the amount now deposited before the executing court on the condition that half of the amount shall be withdrawn without furnishing any security and remaining half of the amount be withdrawn on furnishing solvent security to the satisfaction of the executing court.

4.

Civil application stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/ca5125-18