Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Proj. Division, Yavatmal And ANR v. Krishna Zitru Gujar And 2 Others

1 CAF 8.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.08/2021 In First Appeal No.673/2018 (VIDC thr Executive Engineer, Bembla Project, Dist. Yavatmal V Krishna Gujar 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 N.A. Waghmare, Adv h/f Shri P.B. Patil, Adv for appellant. Shri A.S. Moon, Adv for resp. no.1.

Shri M.A. Kadu, AGP for resp.nos. 2 and 3.

CORAM : S.M. MODAK, J.

DATE : 09-01-2021.

Heard both the sides.

2.

The appellant-VIDC has deposited the amount as directed by this Court. The respondent no.1 claimant wants to withdraw that amount of Rs.5,07,086/- considering the grievance about excessive enhancement in respect of land and structure. The respondent no.1 is permitted to withdraw 50% of the amount along with accrued interest. Therefore, I pass the following order :-

O R D E R

a) The Nazir is directed to transfer that amount in his bank account subject to personal identification and on giving an undertaking that he will return the amount if the decision of the appeal will go against him.

b) Application is disposed of.

(S.M. Modak, J.) Deshmukh