Rajendra Sahebrao Deshmukh v. The Executive Engineer, Urdhava Pravara Canal Division, Ghulewadi And Another

39withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 CIVIL APPLICATION NO. 7479 OF 2017 IN FA/2739/2015 RAJENDRA SAHEBRAO DESHMUKH

VERSUS

THE EXECUTIVE ENGINEER, URDHAVA PRAVARA CANAL DIVISION, GHULEWADI AND ANOTHER WITH 39 CIVIL APPLICATION NO. 7481 OF 2017 IN FA/2723/2015 SAMBHAJI HAUSABAL WAMAN

VERSUS

THE EXECUTIVE ENGINEER, URDHAVA PRAVARA CANAL DIVISION, GHULEWADI AND ANOTHER WITH 39 CIVIL APPLICATION NO. 7482 OF 2017 IN FA/2719/2015 KISAN SAVLAERAM LAWARE, THROUGH LRS. BABAI KISAN LAWARE AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER, URDHAVA PRAVARA CANAL DIVISION, GHULEWADI AND ANOTHER Advocate for Applicants : Mr. Bide Dnyaneshwar A AGP for Respondents State: Mr. A. M. Phule Advocate for Respondent No.1 : Mr. A. N. Gaddime

CORAM

: K. L. WADANE, J.

DATE :

9th October, 2017 ORDER:

1.

These civil applications are filed for permission to withdraw the amount deposited by the acquiring body. Both the sides are heard.

2.

Learned counsel for the acquiring body has objection. He submits that the sale instance was not comparable as it was not of the date previous to the 1/2

39withdrawal.odt date of notification. This Court has gone through the judgment and Award and reasoning given by the Reference Court. This Court holds that permission can be granted to withdraw 75% amount after giving undertaking and remaining 25% amount after giving solvent surety in that regard. In those terms, all the applications are allowed and disposed of.

3.

Amount to be sent to the Reference Court where the execution proceedings are filed.

(K. L. WADANE, J.) JPC 2/2