Satyabhamabi Vishnu Dhanwate (Died) Thr Lrs Balraj v. The Ex. Engineer, Nandur Madhmeshwar Canal Division, Vaijapur And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION ST. NO. 11159 OF 2020 IN FIRST APPEAL ST. NO. 17701 OF 2019 Satyabhamabai w/o Vishnu Dhanwate Applicant

Versus

The Executive Engineer & another Respondents Mr. Zia Ul Mustafa Mujtaba Gulam Mustafa, Advocate for the petitioner.

Mr. R.C. Patil, Advocate for respondent No. 1. CORAM : M.G. Sewlikar, J.

DATE : 3rd July, 2020.

PER COURT :

1.

Heard Mr. Zia Ul Mustafa Mujtaba Gulam Mustafa, learned counsel for the claimant and Mr. R.C.Patil, learned counsel for the acquiring body. This application is fled for the withdrawal of the amount deposited by the acquiring body. Learned counsel Mr. Patil objects for withdrawal of the entire amount on the ground that the learned reference Court has awarded highly excessive amount. Learned counsel for the claimant states that the calculations are in accordance with the evidence placed on record. Learned counsel Mr.Patil submits that 25% amount be allowed to be withdrawn.

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Learned counsel for the applicant states at least 50% amount should be permitted to be withdrawn.

3.

Having regard to the rival contentions, I am of the view that applicant be allowed to withdraw 30% of the amount deposited. Application is disposed of accordingly.

( M. G. SEWLIKAR ) Judge dyb