V.I.D.C. Thr. Executive Engineer, Bembla Canal Division, Yavatmal v. Sau. Sarita Parag Deshmukh And Others

(1) 27.caf.120.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.120 OF 2023 IN FIRST APPEAL NO.263 OF 2021 Vidarbha Irrigation Development Corporation through Executive Engineer, Bembla Canal Division, Yavatmal Vs.

Sarita w/o Parag Deshmukh and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. H. D. Marathe, Advocate for appellant.

Mr. Alpesh D. Deshmukh, Advocate for respondent No.1. Mr. M. A. Kadu, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 19/01/2023 1.

By this application respondent No.1 original claimant is seeking withdrawal of the amount. 2.

The appellant acquiring body has deposited the entire decreetal amount of Rs.3,09,642/-. It is contended by the respondent No.1 that she faces financial crises and unable to meet her day-to-day expenses. Her land is already acquired.

3.

Said application is opposed by the appellant. 4.

Considering small amount is deposited and she is in need of money for her day-to-day expenses, application deserves to be allowed.

5.

In view of the reasons mentioned in the application, respondent No.1 is permitted to withdraw the amount on furnishing usual undertaking.

(2) 27.caf.120.2023 6.

Amount be disbursed on due identification and verification 7.

Civil Application is disposed of.

8.

The appellant to furnish private paper-book within six weeks.

9.

The learned Advocate Mr. Amit Choube submitted that initially he appeared for respondent No.1. Now, Advocate Mr. Alpesh Deshmukh is appearing for respondent No.1, so Advocate Mr. Amit Choube is discharged.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 10:49