Bombay High CourtCAF/89/2022ca disposed off

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Divi., Yavatmal And ANR v. Madhukar Shamrao Salave And Others

2022-07-20Hon'Ble Smt. Justice M. S. Jawalkar2 pages

14 caf 89-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 89/2022 IN FIRST APPEAL NO.362/2020 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Yavatmal Vs.

Madhukar S/o Shamrao Salve and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri Vinay Dahat, Advocate h/f Shri J.B. Kasat, Advocate for appellant Shri S.V. Ingole, Advocate for respondent No.1 Shri S.A. Ashirgade, Add.G.P. for respondent Nos. 2 & 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 20/07/2022 Present application is filed by the Counsel for respondent No.1 for withdrawal of amount. It is the contention of the applicant that after land is acquired the small portion of land is remained in possession of the applicants which cannot be fruitfully cultivated. As such they want to purchase another land to meet the expenses of the family. The principle amount is already withdrawn by the respondent No.1 which was deposited before the Reference Court. The appellant has deposited the total decreetal amount i.e. 4,83,786/- excluding the principle amount. As substantial amount is already withdrawn, it would be appropriate to allow respondent No.1 to withdraw 50% of amount deposited before this Court by the appellant.

14 caf 89-2022.odt 2.

Accordingly, permission is granted to withdraw 50% of amount deposited by the appellant in this Court. The withdrawal will be subject to undertaking that if appellant will succeed in the appeal, the claimants will refund the amount as per final order which would be passed in present appeal.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE