Bombay High CourtCAF/658/2019admittedallwdgrantedrule absolute

The Executive Engineer, Khadakpurna Project Division v. Ramrao Balaji Deshmukh, Since Deceased Through His Lrs., Mankarna R. Deshmukh And Others

2019-03-22Hon'Ble Shri Justice Arun Digambarrao Upadhye1 pages

2203caf658.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.658/2019 IN FIRST APPEAL NO.955/2016 The Executive Engineer, Khadakpurna Project Division, Deulgaon-Raja, Dist. Buldana ...Versus...

Ramrao Balaji Deshmukh since deceased, through his Legal Heirs Mankarna Ramrao Deshmukh and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Vidya Umale, Counsel for respondent nos.1 to 4/ applicants Mrs. Hemlata Jaipurkar, AGP for respondent no.5 CORAM : ARUN D. UPADHYE, J.

DATE : 22/03/2019 Heard.

Perused the application as well as the impugned judgment and award.

Considering the judgment and award under challenge, I am of the view that the applicants could be permitted to withdraw 50% of the amount of compensation upon furnishing usual undertaking.

Hence, the applicants are permitted to withdraw 50% of the amount of compensation, deposited by the appellant in this Court, upon furnishing usual undertaking to the effect that they will refund the amount with interest in case the first appeal is allowed.

The civil application is allowed and disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.