Sadashiv Punamchand Gopal v. The Collector, Jalgaon And ORS

{1} ca4410-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4410 OF 2018 IN FIRST APPEAL NO.2458 OF 2010 Sadashiv Punamchand Gopal APPLICANT

VERSUS

The Collector, Jalgaon and Others RESPONDENTS WITH CIVIL APPLICATION NO. 4411 OF 2018 IN FIRST APPEAL NO.2459 OF 2010 Rupchand Hiraman Gopal APPLICANT

VERSUS

The Collector, Jalgaon and Others RESPONDENTS .......

Mr. Vijay Y. Patil, Advocate for the applicants Mr. S. P. Deshmukh, AGP for respondent - State .......

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

1.

Heard learned advocates for the parties.

2.

These are applications moved for withdrawal of amount with accrued interest that had been assumed to be deposited in this court pursuant to communication dated 31st March, 2016 annexed to the applications at page 25. However, it transpires that albeit seemingly there is such communication, as a matter of fact, learned advocates are at ad idem that no such amount

{2} ca4410-18 had ever been deposited by the appellant.

3.

In the circumstances, learned advocate for the applicants submits that since this communication is being referred to during execution proceedings, the communication has been creating hindrance in the prosecution of the same.

4.

Having regard to aforesaid submissions on behalf of the applicants as well as learned AGP, it emerges that on checking up the position by the parties concerned, learned advocates for the parties are ad idem that no deposit pursuant to communication dated 31st March, 2016 had ever been made in the present first appeals. As such, execution proceedings may not be impeded on this count.

5.

Civil applications, accordingly stand disposed of. [SUNIL P. DESHMUKH, J.] drp/ca4410-18