Vidarbha Irrigation Development Corp Thr. Exe. Engineer, Bembla Project, Yavatmal And Another v. Smt. Shalutai Vithobaji Landge And Others

17 caf1225.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2828 OF 2019 IN FIRST APPEAL NO.1408 OF 2019 V.I.D.C. through its Executive Engineer, Bembla Project, Yavatmal and another Vs. Shalutai Vithobaji Landge and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Smt. Anjali Joshi, Advocate for appellants.

Shri Nandesh Deshpande, Advocate h/f. Shri P.M. Pande, Advocate for respondent nos.1 and 2/applicants.

Smt. H.N. Jaipurkar, A.G.P. for respondent nos.3 and 4. CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 30 th JULY, 2021.

Heard.

(2) This is an application for grant of stay under Order 41 Rule 5 of the Code of Civil Procedure. (3) Learned counsel for the appellants submits that the entire decreetal amount have been deposited with the Registry of this Court.

(4) Considering the submission, the application is allowed. There shall be stay to the execution and operation of the judgment and order dated 06.05.2017 passed by the learned 2nd Joint Civil Judge Senior Division, Yavatmal in L.A.C. No.405 of 2012, till disposal of the appeal. (5) The application stands disposed of.

CIVIL APPLICATION NO. 1225 OF 2021 (6) Heard.

17 caf1225.21.odt (7) By this application respondent nos.1 and 2 are seeking permission to withdraw the amount of Rs.2,82,200/- deposited by the appellants vide CCDR No.0013 dated 18.04.2019 with this Court.

(8) Perused the application.

(9) Considering the amount involved, the applicants/ respondent nos.1 and 2 are permitted to withdraw amount of Rs.2,82,200/- with accrued interest thereon, on furnishing usual undertaking.

(10) The application stands disposed of.

JUDGE Wagh