Executive Engineer, Minor Irrigation Division, Washim v. Syd Mehemud Syd Mehboob

18caf 1328.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 1328/2021 IN First Appeal (FA) No. 839/2018 Executive Engineer, Minor Irrigation Division, Washim ..VS..

Syd Mehemud Syd Mehboob and ors.

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s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri N.A. Waghmare h/f. Shri P.B. Patil, Advocate for the appellant Shri A.S. Pande h/f. Shri A.M. Jaltare, Advocate for the applicants/respondent nos. 1 to 3.

Shri M.A. Kadu, AGP for respondent nos. 4 and 5 CORAM : PUSHPA V. GANEDIWALA, J.

DATED : 12/07/2021 Heard learned Counsel appearing for the parties.

This Court vide order dated 14.11.2019 had permitted the applicant (respondent no. 1 herein) to withdraw 75% amount of compensation i.e. 50% amount of compensation on usual undertaking and 25% amount on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

Shri A.S. Pande, learned Counsel for the applicants/respondent nos. 1 to 3 states that before withdrawal of the said amount respondent nos. 1 and 3 have expired and their LR's have been brought on record. SMGate

18caf 1328.2021.odt Learned Counsel also placed on record Special Power of Attorney executed by LR's of respondent nos. 1 and 3 authorizing respondent no. 2 to withdraw the amount on their behalf.

Considering the submissions of learned Counsel for the applicants/respondent nos. 1 to 3, the application is allowed. Respondent no. 2 is permitted to withdraw the amount of compensation with accrued interest on behalf of respondent nos. 1 and 3. Accordingly, the application stands disposed of.

First Appeal (FA) No. 839/2018 At the request of learned Counsel for the appellant, the appeal be placed before Lok Adalat to explore the possibility of settlement on 01st August, 2021. JUDGE SMGate