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Bombay High CourtCAF/739/2022ca disposed off

V.I.D.C. Thr. Its Exe. Engineer, Lower Wardha Irrigation Department, Pipri (Meghe) Wardha And ANR v. Gajanan Maroti Satpute And Others

2022-04-19Hon'Ble Shri Justice M.S. Karnik2 pages

9 fa 06-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.739/2022 WITH CIVIL APPLICATION (CAF) NO.23/2022 IN FIRST APPEAL NO.06/2022 Vidarbha Irrigation Development Corporation and another Vs.

Gajanan Maroti Satpute and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.A. Kadu, Advocate for appellants/applicants. Ms S.S. Wandile, Advocate for respondent no.1 Shri A.M. Kadukar, Advocate for respondent nos.2 & 3. CORAM : M.S. KARNIK , J .

DATED : 19/04/2022 This is an application by the claimant for withdrawal of the amount of compensation deposited by the appellant in the Reference Court as well as this Court. It is informed that an amount of Rs.3,59,763/- towards compensation was deposited in the Reference Court. Pursuant to the appeal filed and the order passed for depositing balance amount awarded by the Reference Court, the amount of Rs.3,83,220/- is deposited in this Court. 2.

The claimant is 87 years of age. Considering the submissions made by the learned Counsel for the claimant, as well as the reasons stated in the application, the claimantGajanan Maroti Satpute is permitted to withdraw

9 fa 06-2022.odt Rs.3,59,763/- with accrued interest deposited in the Reference Court.

3.

The application is partly allowed and disposed of. CIVIL APPLICATION (CAF) NO.23/2022 As the entire compensation awarded by the Land Reference Court has been deposited, the interim order passed by this Court on 05/01/2022 is continued till the disposal of this appeal. Consequently, the impugned judgment and award of the trial Court shall remain stayed till the final disposal of this appeal.

2.

Civil application stands disposed of.

FIRST APPEAL NO.06/2022 Admit.

2.

Call for the record and proceedings.

3.

Ms S.S. Wandile, learned Counsel waives service of notice for respondent No.1 4.

Shri A.M. Kadukar, learned AGP waives service of notice for respondent Nos.2 and 3.

5.

Printing dispensed with. Private paper book to be filed within six months from receipt of record and proceedings.

[JUDGE] R.S.Sahare Signed By:RANJANA SAMEER SAHARE