Exe. Engineer, Medium Irrigation Project (Now Exe. Engineer, Project Construction Div. Yavatmal) v. Nagorao Mansing Pawar And 2 Others

1 24 fa 370-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2015/2021 IN FIRST APPEAL NO.370/2021 The Executive Engineer, Medium Irrigation Project, Yavatmal Vs.

Nagorao s/o Mansing Pawar 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 Nikhil Waghmare, Advocate h/f P.B. Patil, Advocate for appellant Shri S.V. Ingole, Advocate for respondent No.1 Shri S.A. Ashirgade, Addl.G.P. for respondent Nos.2 & 3. CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

06/07/ The present application is filed for grant of permission to withdraw entire deposited decreetal amount. The appellant has deposited decreetal amount of compensation of Rs.3,07,607/- as per direction dated 19/06/2021 of this Court. Having regard to the reason stated in the application, permission is granted to withdraw 50% amount of the compensation on filing undertaking to the effect that if appellant succeed in appeal, the amount will be refunded. In view thereof, application is allowed. 2.

So far as remaining 50% of amount is concerned, the learned Counsel for the appellant drawn my attention to the statement made by applicants in paragraph No.5 of the application that applicants are not in a position to furnish any surety.

2 24 fa 370-2021 3.

However, learned Counsel for claimants/respondents makes statement across the bar that they are ready to furnish solvent surety in respect of remaining amount of 50% of compensation. Accordingly, 50% of amount allowed to be withdrawn subject to furnishing solvent surety to the satisfaction of the Registrar (Judicial).

4.

The application stands disposed of in above terms.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE