The Executive Engineer, Bembla Canal Division, Yavatmal v. Devaji Chintaman Gohane And Others

21 caf 1936-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1936/2023 IN FIRST APPEAL NO. 488/2021 The Executive Engineer, Bembla Canal Division, Yavatmal Vs.

Devaji Chintaman Gohane and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri T.M. Zaheer, Advocate for appellant Shri A.B. Nakshane, Advocate for respondent Nos.1 to 3 Shri M.A. Kadu, AGP for respondent Nos. 4 & 5 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 13/07/2023 Present application is filed by respondent No.1 for grant of permission to withdraw the amount so deposited by appellant. The entire decreetal amount of enhanced compensation is deposited by appellant with this Court. 2.

For the reasons stated in the application, it would be appropriate to allow the applicant to withdraw 75% of amount so deposited.

3.

The learned Counsel for respondent Nos. 1 to 3 informs that respondent No.1 is holding power of attorney on behalf of respondent Nos. 2 and 3 and power of attorney is already submitted with this Court. As such, applicant No.1 is permitted to withdraw 75% amount along with accrued interest thereof and to submit usual undertaking. Jayashree..

21 caf 1936-2023.odt 4.

Registry is directed to disburse 75% amount along with accrued interest of compensation so deposited after due verification of documents and power of attorney 5.

Application stands disposed of.

F IRST APPEAL NO. 488/2021 Heard.

2.

Admit.

3.

Learned Counsel Shri A.B. Nakshane waives notice for respondent Nos. 1 to 3.

4.

Learned Assistant Government Pleader waives notice for respondent Nos. 4 and 5.

CIVIL APPLICATION (CAF) NO. 1690/2021 In view of above, total enhanced decreetal amount is deposited by appellant with this Court. As such, the effect and operation of the impugned judgment and decree passed by the Civil Judge, Senior Division, Kelapur, in Land Acquisition Case No. 6/2011 dated 16/07/2020, is hereby stayed till pendancy of appeal.

2.

Application stands disposed of.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..