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Bombay High CourtCA/3842/2018admittedallowedgrantedrule absolute

Balkrishna Sakharam Joshi v. The Executive Engineer, M.I. Division, Jalna And ORS

2018-04-06Hon'Ble Shri Justice Sunil P. Deshmukh1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3842 OF 2018 IN FIRST APPEAL No. 115 OF 2017 WITH CIVIL APPLICATION NO. 3843 OF 2018 IN FIRST APPEAL No. 114 OF 2017 Balkrishna S/o Sakharam Joshi ...APPLICANT

VERSUS

The Executive Engineer, Minor Irrigation Division, Jalna and others ...RESPONDENTS Mr Swapnil S. Patunkar, Advocate for applicants in both Applns. Mr R.C. Patil, Advocate for respondent No.1 Mr A.M. Phule, Asstt. Govt. Pleader for respondents No. 2 & 3. CORAM : SUNIL P. DESHMUKH, J.

DATE : 6th April 2018 ORDER :

Learned Counsel for the applicant submits that the matter has been settled in Lok Adalat dated 23rd January 2016. The claimants have waived 12.5% of the award amount deposited and, thus, according to learned Counsel for the applicants, it is an application for withdrawal of 87.5% of the award amount deposited. Learned Counsel for respondents have no particular resistance to the request.

2.

As such, both the Civil Applications are allowed in terms of Prayer Clause "B" and applicants are allowed to withdraw the amount deposited in this Court. ( SUNIL P. DESHMUKH ) JUDGE.

Madkar