Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Riyaz Khan Baldar Khan Pathan And Others

19caf356.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 356/2023 IN FIRST APPEAL NO. 643/2022 Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal Vs Riyaz Khan Baldar Khan Pathan 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.I. Sheikh, Advocate for the respondent No.1. Ms T.H. Udeshi, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 03 /0 3 / 202 3.

1.

Heard.

2.

By this application, respondent No.1/applicant is seeking permission to withdraw the amount.

3.

As per his contention, he is an old age person. Now, his land is already acquired and he has no source of income. So he is facing financial crises.

4.

Said application is opposed by learned advocate, Ms I.P. Khisti for the appellant, on the ground that appellant has challenged the judgment and award as the compensation amount awarded by the reference Court is excessive and exorbitant one.

5.

In view of the reasons mentioned in the application and considering the ground raised by the appellant in the appeal, it will be appropriate to permit the respondent No.1 rkn

19caf356.2023.odt to withdraw 50% of the amount of compensation along with accrued interest on usual undertaking.

Civil Application No. 356/2023 is disposed of. F irst Appeal No. 643/2022 Record and proceedings is still awaited.

2.

Appellant to file private paper-book within a period of ten weeks after receipt of record and proceedings. 3.

Place the matter for final hearing after private paperbook is filed and its verification, as per its turn. JUDGE Signed By:RAJESH K NANDURKAR rkn