Laxmibai Tukaram Surase v. The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad Thr Gmidc, Aurangabad And ANR

101- C.A. No. 9656-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9656 OF 2022 IN FIRST APPEAL STAMP NO. 29271 OF 2021 LAXMIBAI TUKARAM SURASE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. NO.1 AURANGABAD ...

Advocate for the Applicant : Mr. N. J. Pahune Patil Advocate for respondent No.1 : Mr. S. G. Bhalerao AGP for Respondent State : Mrs. D. S. Jape ....

CORAM : S. G. DIGE, J.

DATE : 11.07.2022 PER COURT :- Heard learned counsel for the applicant and learned counsel for respondent No.1.

2.

Learned counsel for the applicants submits that there are other matters which were decided by the reference court along with the applicants but in those matters respondent has not preferred the appeal. Some identical matters are settled before the Lok Adalat hence learned counsel for the applicants requested to permit the applicants to withdraw amount deposited by respondent No.1.

101- C.A. No. 9656-2022.odt 3.

Learned counsel for respondent No.1 strongly opposed for withdrawal of the amount.

4.

I have heard both the learned counsel. It is significant to note that in identical matters some matters are settled before Lok Adalat and in some mattes respondent No.1 has not preferred the appeal. If it is so, the applicant can be permitted to withdraw the amount. Hence I pass the following order.

ORDER

(1) Applicants are permitted to withdraw 75% amount out of total deposited amount by respondent No.1 on furnishing solvent surety for 25% amount and for 50% amount applicant shall file undertaking.

(2) The remaining 25% amount shall be deposited in fiied deposit.

( S.G. DIGE,) JUDGE ysk