Bombay High CourtFA/85/2022disposed off

Executive Engineer, Nimna Wardha Kalwe Prakalp, Wardha v. Kawdu Palasram Vaitage Through P.O.A. Mrs. Rohini Rajendra Zade And Others

2024-06-27Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:6707 1 53-FA No.85.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 1492 OF 2024 IN FIRST APPEAL NO. 85 OF 2022 Executive Engineer, Nimna Wardha Kalwe Prakalp, Dist. Wardha ..VS..

Kawdu Palasram Vaitage and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. I.P. Khisti, Advocate for appellant.

Ms. S.S. Wandile, Advocate for respondent No.1. Mr. M.A. Kadu, AGP for respondent Nos.2 to 4. CORAM : SANJAY A. DESHMUKH, J.

DATED : 27 th JUNE, 2024 This is an application for dismissal of appeal. 2.

Considering that the judgment passed in Land Reference No.142 of 2014, filed by the present claimant, came to be referred and relied in the Land Reference No.147 of 2014, but the said Land Reference No.147 of 2014 is not challenged, therefore, there is no substance in the appeal, the appeal deserves to be dismissed. 3.

Hence, the application is allowed and disposed of. FIRST APPEAL NO.

OF In view of order passed in the Civil Application (CAF) No. 1492 of 2024, the First Appeal No.85 of 2022 is disposed of.

2 53-FA No.85.2022 2.

Learned Advocate for the respondent No.1 prayed for disbursement of the balance amount deposited in the Reference Court as per the Award. Prayer of the learned Advocate for the respondent No.1 is allowed.

Permission is granted to respondent No.1 to withdraw the balance amount under Award deposited in the Reference Court by appellant along with accrued interest thereon.

(SANJAY A. DESHMUKH, J.) Kirtak