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Bombay High CourtCAF/1875/2015dispossed offdismiss for default

Vidarbha Irrigation Development Corporation Thr Its Executive Engineer v. Shantabai W/O Rambhau Thakre (Dead0 Thr. Lrs Rambhau S/O Kaduba Thakre And Others

2015-10-06Hon'Ble Shri Justice A.S. Chandurkar1 pages

5-CAF-1875-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1875 OF 2015 IN FIRST APPEAL NO.191 OF 2013 V.I.D.C. Thr. Exe. Engineer, Minor Irrigation Dvn.No.2, Chikhli, Buldhana. -vs- Shantabai w/o Rambhau Thakre & Ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri J. B.Kasat, Advocate for appellant.

Shri R. B. Dhore, Advocate for respondent No.1B. Shri M. A. Kadu, AGP for respondent No.2.

CORAM : A.S.CHANDURKAR, J.

DATE : October 06, 2015 Prayer is to permit the claimants to withdraw the amount of enhanced compensation. On behalf of the claimants attention is drawn to the sale instances on the basis of which the Reference Court has enhanced the amount of compensation. On behalf of the appellant it is submitted that sale instances are of converted lands and land of the claimants was not actually converted. Having perused the judgment of the Reference Court the following order is passed :

The claimants are permitted to withdraw amount of Rs.40,00,000/- (Rupees forty lakhs) on filing usual undertaking. Further amount of Rs.25,00,000/- (Rupees twenty five lakhs) is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Rest of the amount shall be invested in Fixed Deposit. Civil application is disposed of in aforesaid terms. JUDGE Asmita