V.I.D.C. Thr. Exe. Engineer, Lower Wardha Irrigation Department, Pipri (Meghe), Wardha And Another v. Ashok Wasudevrao Jumde And Others

21 fa 08-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.896/2022 IN FIRST APPEAL NO.08/2022 Vidarbha Irrigation Development Corporation and another Vs.

Ashok Wasudevrao Jumde and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.A. Kadu, Advocate for appellants/applicants. Ms S.S. Wandile, Advocate for respondent no.1 Shri A.M. Kadukar, Advocate for respondent nos.2 & 3. CORAM : M.S. KARNIK , J .

DATED : 19/04/2022 This is an application by the claimant for withdrawal of the amount of compensation deposited by the appellant in the Reference Court as well as this Court. It is informed that an amount of Rs.5,68,047/- towards compensation was deposited in the Reference Court. Pursuant to the appeal filed and the order passed for depositing balance amount awarded by the Reference Court, the amount of Rs.6,05,083/- is deposited in this Court. 2.

Appeal will take some time to decide finally. For the reasons stated in the application the amount of Rs.5,68,047/- deposited with the Reference Court along with accrued interest is allowed.

3.

The application is partly allowed and disposed of.

21 fa 08-2022.odt CIVIL APPLICATION (CAF) NO.21/2022 As the entire compensation awarded by the Land Reference Court has been deposited, the interim order passed by this Court on 05/01/2022 is continued till the disposal of this appeal. Consequently, the impugned judgment and award of the trial Court shall remain stayed till the final disposal of this appeal.

2.

Civil application stands disposed of.

FIRST APPEAL NO.08/2022 Admit.

2.

Call for the record and proceedings.

3.

Ms S.S. Wandile, learned Counsel waives service of notice for respondent no.1 4.

Shri A.M. Kadukar, learned AGP waives service of notice for respondent Nos.2 and 3.

5.

Printing dispensed with. Private paper book to be filed within six months from receipt of record and proceedings.

[JUDGE] R.S.Sahare Signed By:RANJANA SAMEER SAHARE