Laxman Niluba Kadam v. The Executive Engineer Nimna Dhudhana Project Selu And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1007 CIVIL APPLICATION NO.2372/2019 IN FA/224/2016 with CA No.13414 OF 2017 IN FA/224/2016 WITH CA/1246/2015 IN FA/224/2016 WITH LAXMAN NILUBA KADAM

VERSUS

THE EXECUTIVE ENGINEER NIMA DHUDHANA PROJECT SELU AND ORS ...

Advocate for Applicant : Mr. Kale Ajeet B.

Mr. S.P. Sonpawale Adv. for R/1;

Mr. AM Phule AGP. For R/2 ...

CORAM : P.R. BORA, J.

Dated: February 20, 2019 ...

PER COURT :- 1.

When the present application is taken up for hearing, learned counsel tendered across the Bar a copy of order passed by this Court (Coram: V.K.Jadhav,J.) on 2nd May, 2016 in CA No.56663/2016 in FA No.221/2016, whereby this Court had permitted the claimant to withdraw the entire amount deposited by the acquiring body. The similar order is sought in the present application.

2.

Learned Counsel for the acquiring body has not disputed the correctness of the facts, as are stated on behalf of the applicant. Hence, the following order, - BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ORDER

i.

The applicant/claimant is permitted to withdraw the amount deposited by the appellant in this court on submitting an undertaking to the satisfaction of Registrar of this Court. Civil Applications for withdrawal of the amount are disposed of.

ii.

Since the acquiring body has deposited the entire amount, the interim stay granted by this court earlier is made absolute. CA for stay stands disposed of.

( P.R. BORA, J. ) ...

BDV