Executive Engineer, Nagpur Medium Project Division (V.I.D.C.) v. Smt. Saraswatabai Wd/O Balkrishna Tambulkar And Others

caf1040-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Civil Application (F) No.1040 of 2013 in First Appeal No. 114 of 2013 Executive Engineer, Nagpur, Medium Project Div. (V.I.D.C.), Plot no. 13, Civil Liens, Nagpur.

-Vrs.- Smt. Saraswatabai sd/o Balkrishna,Tambulkar and Ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Palshikar, learned counsel for applicant. Mr. S.N. Mashajan , learned counsel for respondents. Mrs. Maldhure, AGP for State.

CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : 1 st SEPTEMBER, 2015 Heard Advocate Mahajan for landowner applicant, Advocate Palshikar for acquiring body(appellant) and learned Additional Govt. Pleader for State.

This court admitted appeal on 7.5.2013 and granted stay to recovery as the appellant had already deposited the amount with the Registry of this court. Civil application No. 1040/2013 was filed on 16.4.2013 seeking leave to withdraw amount of Rs.14,08,553/- on the ground of a marriage in the family. The marriage was to take place on 3rd May, 2013. It is not in dispute that marriage has already taken place. It is also not in dispute that impugned judgment has been delivered by Reference Court after matter was remanded

caf1040-13.odt back as present appellant was not party. While permitting present appellant to be impleaded as party, the 50% of the amount then awarded by the Reference Court was allowed to be withdrawn.

In this situation, at this juncture we are not inclined to consider prayers made in Civil Application No.1040/2013. With liberty to land owner to move fresh application giving appropriate grounds, we dispose of the the civil application.

JUDGE JUDGE Hirekhan