Bombay High CourtCAF/1617/2014ca disposed off

The Executive Engineer, Lower Wardha Project Division, Vidarbha Irrigation Development Corporation v. Pritviraj Nagorao Kasar Dead, Through Lrs. Sudhatai Wd/O Prithviraj Kasar And Others

2015-03-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa130.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.130/2015 The Executive Engineer, Lower Wardha Project Division, V.I.D.C., Wardha ..Versus..

Pritviraj Nagorao Kasar throuhg L.Rs. and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, A.G.P. for respondents 7 and 8. CORAM : Z.A. HAQ, J.

DATE : 3.3.2015 Shri U.K. Bisen, the learned advocate for the respondents 1 to 6 has submitted that the grounds raised in the memorandum of appeal are based on the facts of some other case and not on the basis of facts of Land Acquisition Case No.642/2007. Shri S.S. Godbole, the learned advocate for the appellant seeks time to take appropriate steps in the matter.

C.A.F. NO.1617/2014.

The appellant has deposited 75% of the amount granted by the

2 fa130.15 Reference Court. Considering the facts of the case and the findings recorded by the Reference Court in paragraph no.12 of the impugned order, prima facie, I am convinced that the respondents 1 to 6 can be permitted to withdraw the amount deposited by the appellant. The respondents 1 to 6 be given the amount deposited by the appellant on filing undertaking before the Registrar (J.) of this Court to the effect that if it is found that the respondents 1 to 6 are not entitled for the amount withdrawn by them, they will redeposit the amount with interest as would be determined by this Court within the stipulated time. The amount be given to the respondents 1 to 6 as per the order passed by the Reference Court.

The interim order granted by this Court on 8 th July, 2014 shall continue until further orders. The civil application is disposed of in the above terms.

JUDGE Tambaskar.