Vaijinath Yadavrao Akat v. The Executive Engineer Nimna Dudhna Prakalp, Selu Presently Jalna Irrigation Div., Jalna And ORS

ca151.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 151 OF 2017 IN FA/3689/2016 VAIJINATH YADAVRAO AKAT

VERSUS

THE EXECUTIVE ENGINEER NIMNA DUDHNA PRAKALP, SELU PRESENTLY JALNA IRRIGATION DIV.

...

Advocate for Applicant : Shri V.D. Hon , senior counsel i/b Mr. A.V. Hon Advocate for Respondent No.1: Mr. S.C.Arora Advocate for Respondents 2 and 3: Mr. C.V. Dharurkar .....

CORAM : V. K. JADHAV, J.

DATED : 16th JANUARY, 2017 PER COURT:- 1.

Heard learned counsel for the applicant and learned counsel appearing for the respondent acquiring body.

2.

Learned counsel for the applicant submits that the applicant at present is 87 years old and is not getting fruits of decree. Learned counsel for the respondent acquiring body has strongly resisted the application on the ground that the Reference Court has awarded exorbitant compensation. Considering the above submissions and considering the age of the applicant, the applicant is permitted to withdraw 50% amount, out of the amount deposited before this Court, on condition that for 25% the applicant shall furnish undertaking to the satisfaction of Registrar (Judicial) of this Court and

ca151.17 -2for remaining 25% on furnishing solvent security. The remaining amount of 50%, deposited in this Court, shall be invested in fixed deposit, in any Nationalized Bank, initially for a period of three years and until further orders, the said fixed deposit be renewed thereafter from time to time. Civil application is disposed of. ( V. K. JADHAV, J.) rlj/