V.I.D.C. Thr. Executive Engineer, Minor Irrigation Department-Ii, Karanja, Washim v. Bharati Manoj Wakte (Patil) And Others

14-CAF 1976-23 in FA 495-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1976 OF 2023 IN FIRST APPEAL NO. 495 OF 2022 V.I.D.C. THR. EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT-II, KARANJA, WASHIM ...VERSUS...

BHARATI MANOJ WAKTE (PATIL) AND OTHERS ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A.M.Kukday, Advocate for appellant.

Shri A.R.Patil, Advocate for respondent no. 1/applicant.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JULY , 2023 The present application is filed by respondent no. 1 for grant of permission to withdraw the compensation amount deposited by the appellant.

2.

The appellant has deposited the entire decreetal amount of Rs. 69,54,761/- with this Court in pursuance of the order dated 24/01/2023. Considering the reasons mentioned in the application and in the interest of justice, it would be appropriate to allow respondent no. 1 to withdraw 50% of decreetal amount so deposited by the appellant, along with accrued interest. Accordingly, the application is allowed. The applicant is permitted to withdraw 50% of the amount so deposited by the appellant, along with accrued interest thereon.

14-CAF 1976-23 in FA 495-22 3.

Registry is hereby directed to disburse the said amount in favour of respondent no. 1/applicant within a period of two weeks, on usual undertaking that, if the appellant would succeed in the matter, the respondent no. 1 shall deposit the amount as per direction which will be passed in the First Appeal.

4.

Interim order granted earlier to continue till pendency of appeal.

5.

Accordingly, the present application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar