The Executive Engineer, Upper Painganga Project Div. 2, Umarkhed v. Hidayat Khan Gulab Khan Pathan And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2192 OF 2024 IN FIRST APPEAL NO.1238 OF 2023 The Executive Engineer, Upper Painganga Project Division Umarkhed, Yavatmal .Vs. Hidayat Khan Gulab Khan Pathan 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.R. Joharapurkar, Advocate for appellants. Shri Anuj Patil, Advocate for the respondent Nos.1 to 9. Shri P.P. Pendke, A.G.P. for respondent Nos.10 and 11/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 23/08/2024 1.

This an application for permission to withdraw compensation amount of Rs.32,07,828/- deposited by the appellants.

2.

Heard learned advocates for both side.

3.

Considering peculiar facts, it would be appropriate to partly allow the application.

4.

The applicants-respondent Nos.1to 9 is allowed to withdraw 50% of the amount deposited by the appellants in this Court on usual undertaking. 5.

The Registry is directed to pay 50% of the amount to the applicants-respondent Nos.1 to 9 along with interest accrued thereon as above. The amount shall be paid to the Special Power of Attorney executed by respondent Nos.2 to 9 in favour of respondent No.1.

FIRST APPEAL NO.1215 OF 2023 6.

Stand over after six weeks.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate