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Bombay High CourtCAF/700/2023ca disposed off

V.I.D.C. Thr. Executive Engineer, Minor Irrigation Department Ii, Karanja, Washim v. Suyash Devanand Patil (Minor) Through Guardian, Meena Devanand Patil And Others

2023-04-17Hon'Ble Justice Urmila Joshi Phalke2 pages

46caf700.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 700/2023 In First Appeal No. 865/2022 V.I.D.C. Thr. Executive Engineer, Washim Vs Suyash Devanand Patil (Minor) Through Meena Devanand Patil And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr A.M. Kukday, advocate for the appellant.

Mr A.R.Patil, advocate for the respondent No. 1. Mr M.A.Kadu, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/04/ 3.

1.

By this application, respondent No.1/applicant is seeking permission for withdrawal of the amount on the ground that though his land is acquired by the Government, he has not received the compensation. He is a poor farmer and needs of money, as he is financial difficulties.

2.

The said application is strongly opposed by the learned advocate Mr A.M. Kukday for the appellant, on the ground that the amount of compensation is awarded by the learned Reference Court is excessive and exorbitant, and therefore, he preferred an appeal. 3.

In view of the reasons mentioned in the application and considering the objection raised by the appellant, it will be appropriate at this stage to permit rkn

46caf700.23.odt respondent No.1 to withdraw 50% of the amount along with accrued interest on the usual undertaking. 4.

In view of the above, the civil application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn