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Bombay High CourtCAF/805/2021ca disposed off

The G. M. Central Rly., C.S.T. Mumbai Through Dy. Chief Engineer(Const.)Central Rly. Akoli, Amravat v. Rajeshkumar S/O Chandrabhan Kingrani Thr. Constituted Attorney, Prakash Murlidhar Vyas

2021-08-18Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

10caf805.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 805 OF 2021 IN FIRST APPEAL NO. 1912 OF 2019 (The General Manager, Central Railway, Akoli, Amravati Vs. Rajeshkumar Chandrabhan Kingrani and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri N.P. Lambat, Advocate for the appellant. Shri S.S. Alaspurkar, Advocate for respondent No.1. Mrs. M.H. Deshmukh, A.G.P. for respondent No.2/State. CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- AUGUST 18, 2021 Heard.

Perused the application.

It is stated that the appellant herein, in pursuance of order dated 04/03/2019 has deposited an amount of Rs.13,37,070/- in the execution proceeding pending before the 3rd Joint Civil Judge, Senior Division, Amravati in Regular Execution Case No. 533/2018 vide C. No.843 on 30/03/2019.

The applicant herein for permission to withdraw the aforesaid amount is the power of attorney holder of the claimants/owners of the acquired land. I have also perused the impugned judgment and order.

10caf805.21.odt Considering the reasons as mentioned in paragraph No.4 of the application, the applicant is permitted to withdraw 75% of the deposited amount with accrued interest thereon, subject to furnish usual undertaking to the satisfaction of the Reference/Execution Court.

The application is disposed of.

JUDGE *DB