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Bombay High CourtCA/6624/2019disposed offdismissed for default

Sambhaji Kerba Amuge And ORS v. The Executive Engineer, Medium Project Division, Latur And ORS

2019-09-13Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

975 (withdrawal).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6624 OF 2019 IN FAST/39108/2018 SAMBHAJI KERBA AMUGE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, LATUR AND ORS ...

Mr. G.D. Kale, Advocate for Applicants.

Mrs. S.D. Shelke, Advocate for Respondent No.1. Mr. S.P. Deshmukh, AGP for Respondents-State. ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 13th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed for withdrawal of the amount. Amount of Rs.2,77,473/- has been deposited in view of the order passed by this Court. The appeal has been filed mainly on the ground of quantum. Taking into consideration the fact that the land belonging to the present applicants has been acquired, definitely, case is made out to allow the applicants to withdraw partial amount. Under such circumstance, applicants are entitled to withdraw 50% of the amount deposited in this Court. Out of that applicant No.1 is allowed to withdraw 50% and applicant Nos.2/1 to 2/3 are allowed to withdraw 50% subject to filing an

975 (withdrawal).doc undertaking within a period of eight weeks that they would make the said amount good, if directed at the time of final disposal of the appeal. 2.

Civil Application stands disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM