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Bombay High CourtCA/4691/2019disposed offdismissed for default

Devidas Baburao Borade And ANR v. The Ex. Engineer, Minor Irrigation Div. Jalna And ORS

2019-07-12Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

975-ca-4691-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 CIVIL APPLICATION NO.4691 OF 2019 IN FA/1128/2019 DEVIDAS BABURAO BORADE AND ANR

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. JALNA AND ORS ...

Advocate for Applicants : Mr. Humbe Vilas M.

Advocate for Respondent No.1 : Mr. H. P. Kshirsagar AGP for Respondent No.2/State : Mr. R.B. Bagul ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 12th JULY 2019 ORDER :

1.

Present application has been filed for withdrawal of the amount. Respondent No.1 original appellant has deposited amount of Rs.12,59,484/- pursuant to the order passed by this Court. Taking into consideration the fact that the said amount was towards the acquisition of the land of the applicants, case is made out for partial withdrawal of the same.

2.

Applicants are allowed to withdraw 50% of the amount that has been deposited. The said 50% of the amount be distributed equally to applicant Nos.1 and 2 subject to giving an undertaking that they would make the said amount good, if directed at the time of final

975-ca-4691-19.doc disposal of the appeal.

3.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/