Sambhaji Vasant Dasame v. The Executive Engineer, Minor Irrigation Division, Osmanabad And ORS

998- C. A. No. 8266-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8266 OF 2019 SAMBHAJI VASANT DASAME

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRREGIATION DIVISION, OSMANABAD.

...

Advocate for the Applicant : Mr. A. P. Yenegure AGP for Respondent State : Mr. A. B. Chate ...

CORAM : S. G. DIGE, J.

DATE : 21.06.2022 PER COURT :- Heard learned counsel for the applicant and respondent and learned A.G.P.

2.

It is contention of learned counsel for the applicant that respondent No.1 has preferred the appeal against Judgment and award passed by the learned Civil Judge, Senior Division, Omerga in L.A.R. No. 1261 of 2009. The appellant has deposited entire amount i.e. Rs. 4,77,186/-. The land of the applicant is acquired in the year 1996. The applicant is poor person and his fnancial condition is weak. The applicant is unable to get labour work for his livelihood and daily expenses. Therefore, amount is required for daily expenses of the applicant.

998- C. A. No. 8266-2019.odt 3.

Considering the submission advanced by the learned counsel for the applicant and respondents, I pass the following order.

ORDER

(I) Application is allowed.

(ii) Applicant is permitted to withdraw Rs. 2,00,000/- ( Rupees Two Lakh) out of deposited amount with undertaking before the Registrar ( Judicial). (iii) Civil Application is disposed of.

( S.G. DIGE, J ) JUDGE ysk