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Bombay High CourtCAF/616/2020ca disposed off

V.I.D.C. Nagpur Through Executive Engineer, Amravati Irrigation Division, Amravati And Another v. Atmaram Laxmanrao Kale And Others

2021-03-04Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

33.FA.1407.2019.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.616/2020 IN First Appeal No.1407/2019 V.I.D.C. through Executive Engineer, Amravati Irrigation Division & Anr. Vs. Atmaram Laxmanrao Kale & Ors.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri J.B. Kasat, Advocate for the Appellants. Shri S.S. Shingane, Advocate for Respondent Nos.1 and 2. Shri M.A. Kadu, AGP for Respondent Nos.3 and 4. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 4 th MARCH, 2021.

Learned Counsel for respondent Nos.1 and 2 has made a statement that the matter is covered by judgment dated 27th September, 2019 in First Appeal No.1647/2019. On going through the said judgment, it is seen that this Court had dismissed the appeal holding that the rate awarded in respect of orange trees of 12 years of age was reasonable.

In the present case, apart from 42 orange trees of 12 years of age, there are also 37 orange trees of 6 years of age. The question whether the compensation paid in respect of 6 years old orange trees is reasonable or not, needs to be decided on merits. Hence, the appeal cannot be decided solely on the basis of this judgment. Therefore, the appeal be listed on final hearing board. Civil Application (CAF) No.616/2020 The applicants/respondent Nos.1 and 2 have filed this application for withdrawal of amount deposited by the Appellant -

33.FA.1407.2019.

2/2 Acquiring Body.

In view of the reasons stated in the said application, the respondent Nos.1 and 2 are permitted to withdraw 75% of compensation deposited by the Appellant - Acquiring Body, subject to an undertaking that they shall refund the amount with interest, in the event the appellants succeed in the appeal.

The civil application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) vijay