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Bombay High CourtCAF/2050/2021ca disposed off

The Executive Engineer, Minor Irrigation Dept. , Nagpur And Another v. Krishnarao Ajabrao Tekade

2021-11-23Hon'Ble Shri Justice V.M. Deshpande1 pages

caf2050.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2050/2021 IN FIRST APPEAL NO.1035/2015 (D) The Executive Engineer, Minor Irrigation Development, Zilla Parishad, Nagpur and anr. Vs. Krishnarao Ajabrao Tekade _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. C. R. Najbile, Advocate for applicant.

Mr. M. A. Kadu, A.G.P. for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED : NOVEMBER 23, 2021 This is an application filed by original claimant for withdrawal of the amount.

Appeal filed on behalf of appellant-Executive Engineer, Minor Irrigation Department, Zilla Parisahd, Nagpur, was dismissed by this Court (Coram: Nitin W. Sambre, J.) on 21.09.2021.

It is an admitted position that during the pendency of this appeal, decreetal amount was deposited by appellant. It is also an admitted position that out of the same, 75% amount is already withdrawn by original claimant, who has moved the present application. In view of the aforesaid, applicant-Krishnarao Tekade-original claimant is permitted to withdraw the remaining 25% amount deposited by the appellant along with accrued interest.

The application is disposed of.

ARVIND KAHALE 17:33 JUDGE kahale