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Bombay High CourtCAF/2503/2018ca disposed off

State Of Maharashtra Through Land Acquisition Officer, Cum-Sub Divisional Officer, Warora v. Devidas S/O Sadashiv Apate

2018-09-11Hon'Ble Shri Justice V.M. Deshpande2 pages

caf2503.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2503/2018 IN FIRST APPEAL NO.212/2000 (D) State of Maharashtra..v.s. Devidas s/o Sadashiv Apte _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. V. Ingole, Advocate for appellant (Ori. Respondent) Mr. I. Damle, A.G.P. for non applicant-State (Ori. Appellant) CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 11, 2018 1.

Heard Mr. Ingole, learned counsel for the applicant-original respondent and Mr. Damle, learned counsel for non applicant-original appellant. 2.

The present application is moved by the original respondent seeking directions that the appellant should deposit the entire decreetal amount as per the order dated 12.09.2014 passed by this Court in the appeal.

3.

In response to the notice to this application, affidavit of Mr. Prmod Bhusari is filed on record. In affidavit, it is stated that at the time of challenging the judgment and award in the present appeal, the State has already deposited the amount vide cheque No.572570 dated 18.07.2000, before learned trial Court. However, the said fact remained to be pointed out before this Court at the time of final disposal of this appeal.

caf2503.18.odt 4.

In view of this particular submission, the learned counsel for the applicant submits that he is not pressing the present application. Hence, the application is disposed of as not pressed.

5.

The State has already deposited the amount under judgment and award before the reference Court. The appeal filed by the appellant-State is already dismissed by this Court. Therefore, the applicantrespondent will be entitled to withdraw the amount deposited by the appellant-State before the reference Court along with interest accrued thereon.

JUDGE kahale