Executive Engineer, Bembla Canal Division, Yavatmal v. Priti Manish Munot Thr. P.O.A.H. Ramesh Hirachandji Munot And Others

19caf1007.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAF) NO. 1007/2022 IN FIRST APPEAL NO. 1949/2019 VIDC thr. Executive EngineerYavatmal Vs Priti Manish Munot And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms I.P. Khisti, advocate for the appellant.

Mr A.B. Nakshane, advocate for the respondent No.1. Ms T.H. Udeshi, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 21/04/ 3.

1.

Heard.

2.

The present application is filed for seeking permission for the withdrawal of the amount.

3.

Mr. A.B. Nakshane, learned advocate for respondent No.1 submitted that in a connected matter bearing civil application No. 3380/2019 in First Appeal Stamp No. 2653/19 and in Civil Application No. 950/2022 in First Appeal No.274/2020 vide order dated 28/03/2023 and 26/04/2022 respectively, this Court has already permitted the appellant to withdraw the entire amount of compensation.

4.

The said application is strongly objected by the learned advocate for the appellant.

5.

For the reasons mentioned in the application and considering in connected matters, the respondents have rkn

19caf1007.2022.odt already been permitted to withdraw the amount. In view of that, respondent No.1 is permitted to withdraw the amount along with accrued interest on the usual undertaking. Civil application is disposed of.

CIVIL APPLICATION NO. 3133/2019 1.

The present application is filed for grant of stay to the execution, implementation and operation of the impugned judgment and award dated 10/01/2018 passed by the 2nd Joint Civil Judge Senior Division, Yavatmal in LAC No. 146/2012.

2.

The amount of compensation has already been deposited in this Court and respondent No.1 is already permitted to withdraw the same. Therefore, the impugned judgment and award passed by the 2nd Joint Civil Judge, Senior Division, Yavatmal be stayed till the disposal of the appeal.

Civil Application is disposed of.

FIRST APPEAL NO. 1949/2019 Appellant to file private paper-book within a period of eight weeks.

The appeal be placed before the Court after filing of private paper-book and its verification as per its own turn. JUDGE Signed By:RAJESH K NANDURKAR rkn