Annasaheb Kundalikrao Kale v. The Ex. Engineer, L.D.P.D. Selu, Thr Jalna Irrigation Div, Jalna And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO. 11789 OF 2018 IN FAST/10126/2017 ANNASAHEB KUNDALIKRAO KALE

VERSUS

THE EX. ENGINEER, L.D.P.D. SELU, THR JALNA IRRIGATIONDIV, JALNA AND ORS ...

Advocate for Applicant : Mr.M.B. Kathare h/f Mr. Koralkar Arun H.

Advocate for Respondent No. 1 :Mr.R. C. Patil ...

CORAM : SUNIL K.KOTWAL, J.

DATE : SEPTEMBER 24, 2018 O R D E R :

This application is for withdrawal of compensation amount deposited by the acquiring body in this court.

2.

Heard learned counsel for applicant and respondents.

3.

Learned counsel for acquiring body opposes the application for withdrawal, however, considering the

ca11789.18 nature of the litigation as Land Reference matter, permission is granted to the applicant to withdraw 50% amount subject to filing of written undertaking in First Appeal (ST) No.10126 of 2017 within eight weeks to redeposit the withdrawn amount as and when directed by this Court. 25% amount is allowed to be withdrawn, subject to filing of solvent surety for the said amount within eight weeks from the date of passing of this order. Remaining 25% amount be invested in Nationalized Bank.

4.

Registrar (Judicial) to act accordingly.

5.

Civil Application is disposed of.

[SUNIL K.KOTWAL, J.] mahajansb/