Executive Engineer, Minor Irrigation Project, (Lahan Patbandhare) Division, Wardha v. Sau. Shakuntala W/O Ganeshrao Gade And Others

2024:BHC-NAG:2056 8-CAF-575-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 575 OF 2024 IN FIRST APPEAL NO. 120 OF 2017 (The Executive Engineer Vs. Sau. Shakuintalabai w/o Ganeshrao Gade & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms Anjali Agrawal h/f Ms A.S. Athalye, Counsel for the appellant.

Shri S.D. Chopde, Counsel for the applicant/respondent no.1.

Shri S.C. Joshi, A.G.P. for respondent nos. 2 to 4. CORAM : ANIL L. PANSARE, J.

FEBRUARY 21, 2024.

First Appeal No. 120/2017 is dismissed for non-compliance of order dated 1/12/2022 directing the appellant - VIDC to file paper-book within six weeks. No steps have been taken by the appellant to restore the appeal on file. Respondent no.1/claimant is accordingly seeking permission to withdraw the balance amount of compensation of Rs.10,31,463/- along with interest accrued thereon, which has been deposited by the appellant.

2] Since the appeal is dismissed and no steps have been taken to restore the appeal, there appears no reason why the request made by respondent no.1/ claimant be not allowed.

3] The application is accordingly allowed as prayed for.

(ANIL L. PANSARE, J.) Sumit