Govindraj Madhavrao Chitral And ANR v. The Executive Engineer, Minor Irrigation Division, Jalna Thr Gmidc Aurangabad And ORS

CA 1049/18 in FA 1077/15 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1049/2018 IN FIRST APPEAL NO.1077/2015 Govindraj Madhavrao Chitral & another.

...Applicants..

Versus

The Executive Engineer, Minor Irrigation Division, Jalna, & two others.

...Respondents...

.....

Shri P.A. Bhosale, Advocate h/f Shri A.B. Kale, Advocate for applicants.

Shri U.K. Patil, Advocate for respondent no.1. Shri A.D. Namde, AGP for respondent no.2.

.....

CORAM: M.S. SONAK, J.

DATE: 30.01.2018 ORDER :

1] Heard learned counsel appearing for the parties. 2] The learned counsel for the applicants points out that in connected matters, 100% withdrawal is permitted. 3] In matters such as these, the orders for withdrawal cannot constitute precedents. The aspects like repayment capacity of the applicants has to be considered. If 100%

CA 1049/18 in FA 1077/15 - 2 - withdrawal is permitted and thereafter the appeal is allowed, it will become extremely difficult to recover such amount from the applicants. It is generally noticed that after 100% withdrawals are permitted, neither the claimants nor their Advocates take any interest in prosecution of the appeal.

4] For the aforesaid reasons, the civil application is disposed of by permitting the applicants to withdraw only 50% of the deposited amount by filing an undertaking that such withdrawal will abide by the final orders in the appeal.

(M.S. SONAK, J.) ndk/c3011837.doc