V. I. D. C. Through Executive Engineer, Minor Irrigation Division, Yavatmal v. Bapurao Vitthu Pandhare (Dead) Thr. Lrs. Vithhal Bapurao Pandhare And Others

2024:BHC-NAG:3528 1 33 caf 462.24.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 462 OF 2024 IN FIRST APPEAL NO.95 OF 20 20 (Decided) V.I.D.C. through Executive Engineer, Nagpur VS.

Bapurao Vitthu Pandhare (Dead) through LR's Vitthal Bapurao Pandhare and others. WITH CIVIL APPLICATION (C.A.O.) NO. 290 OF 2024 IN M.C.A. ST. NO.3674 OF 2024 IN FIRST APPEAL NO.264 OF 2020 (D) Executive Engineer, V.I.D.C., Bembla Canal Yavatmal Vs.

Parag Vasantrao Deshmukh and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.M. Kukday, Advocate for appellant in FA No.95/2020. Ms Seema Telange, Advocate for respondent Nos.1 to 3 in F.A. No.95/2020. Mrs. I.P. Khisti, Advocate for appellant in FANo.264/2020. Ms Kavita Bhondge, AGP for State.

CORAM :

G.A. SANAP, J.

DATE :

th MARCH, 2024.

CIVIL APPLICATION NO. 462 OF 2024 IN FIRST APPEAL NO.95 OF 2020 (Decided) Heard.

2.

This is an application by Advocate appearing for respondent Nos.1 to 3 for withdrawal of the amount of compensation deposited in this Court. The appeal is dismissed. The application for restoration is pending. 3.

In view of the facts stated in the application, the application is allowed.

4.

Respondent Nos.1 to 3 are allowed to withdraw the

2 33 caf 462.24.odt. amount of compensation deposited in this Court subject to usual undertaking to the effect that in case the appeal is decided against the respondents then respondent Nos. 1 to 3 will deposit the amount with interest, as directed by this Court.

5.

The civil application stands disposed of.

CIVIL APPLICATION (C.A.O.) NO.

OF 2024 IN M.C.A. ST. NO.3674 OF 2024 IN FIRST APPEAL NO.264 OF 2020 (D) 1.

Heard.

2.

Issue notice to the respondents, returnable after four weeks.

3.

Ms Kavita Bhondge, learned AGP waives service of notice on behalf of respondent Nos.2 and 3/State.

(G. A. SANAP, J.) manisha