Suresh Bhairpba Mane v. The Executive Engineer Minor Irrigaion Divisin Osmanabad

2025:BHC-AUG:36051 1 37 ca 13785.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13785 OF 2025 IN FIRST APPEAL STAMP NO. 25783 OF 2024 Suresh Bhairoba Mane .. Applicant

Versus

The Executive Engineer Minor Irrigation Divisioin Osmanabad and others .. Respondents Shri Pradeep V. Ambade, Advocate for the Applicant. Shri Ravindra B. Narwade Patil, Advocate h/f Shri S. G. Bhalerao, Advocate for the Respondent No. 1.

Shri N. R. Dayma, A.G.P. for the Respondent Nos. 2 and 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 17TH DECEMBER, 2025.

FINAL ORDER :

.

Applicant seeks to withdraw amount of Rs. 2,32,178/- deposited by the respondent - acquiring body. It is submitted that the deposits are towards 50% of the compensation amount only.

2.

The application is contested by the respondents. 3.

Considering overall circumstances and the fact that only 50% amount of compensation has been deposited by the acquiring body, it is desirable to permit the applicant to receive

2 37 ca 13785.25 the amount.

4.

The applicant is permitted to receive the amount of compensation deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. The civil application is disposed of. 5.

The applicant - claimant shall be at liberty to withdraw the execution petition for partial satisfaction for being satisfied partially and in that case they shall be at liberty to file execution for remaining amount in future if so required. [ SHAILESH P. BRAHME J. ] bsb/Dec. 25