The Executive Engineer, Minor Irrigation Division, Washim v. Dr. Sheshrao Baliram Sarnaik And Others

2025:BHC-NAG:2061 1 1caf.3770.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3770/2024 IN FIRST APPEAL NO. 792/2019 Executive Engineer, Minor Irrigation Division, Washim Vs.

Dr. Sheshrao Baliram Sarnaik and Ors.

................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Ms U. A. Patil, Advocate for Applicant.

Mr.A. B. Darekar, Advocate for Non-applicant No.1. Ms. M. R. Kavimandan, A.G.P. for Non-applicant Nos.2 and 3/State. CORAM :

MRS. VRUSHALI V. JOSHI, J.

DATED :

28.02.2025 .

The applicant/respondent No.1 has filed this application for withdrawal of remaining amount. 2.

Considering the reasons stated in the application, the application is allowed.

3.

The applicant/respondent No.1 is allowed to withdraw the amount with interest.

The applicant/respondent No.1 is allowed to withdraw 50% amount on furnishing solvent surety/security and 50% amount on giving usual undertaking.

4.

The Registry is directed to release 50% amount on furnishing solvent surety/security and 50% amount on giving usual undertaking.

5.

The application stands disposed of.

CIVIL APPLICATION (CAF) NO. 3210/2018 .

This is an application for grant of stay to the execution of judgment and decree dated 15.09.2016 passed by the Civil Judge, Senior Division, Mangrulpir.

2 1caf.3770.24.odt 2.

On 29.10.2018, the order was passed by this Court that the application will be considered on depositing the entire amount by the appellant. It appears from the record that the appellant has deposited the amount. Hence, the execution of judgment and decree dated 15.09.2016 passed by the Civil Judge, Senior Division, Mangrulpir is stayed till the disposal of this appeal.

3.

The application stands disposed of.

(MRS.VRUSHALI V. JOSHI, J.) RGurnule