The Executive Engineer, Minor Irrigation Division, Washim v. Varsha Devendra Tathod And Another

1 fa1273.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.2751/2019 in First Appeal No.1273/2018 Exe. Engineer, Minor Irrigation Division, Washim Vs.

Varsha Tathod and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. U.A. Patil Advocate for appellant Mrs. M.S. Naik, AGP for respondent No.2.

CORAM :MANISH PITALE, J.

DATED : OCTOBER 03, 2019 By this application respondent No.1 (original land owner - claimant), is seeking permission to withdraw the amount of compensation deposited by the appellant in this Court.

2.

Looking to the reasons stated in the application, as well as the grounds raised on behalf of the appellant in the appeal, this Court deems it fit, in the interest of justice to allow this application conditionally.

3.

Accordingly, the application is allowed and the respondent No.1 is permitted to withdraw the amount deposited in this Court, 75% by filing usual undertaking before the learned Registrar (Judicial) and 25% by furnishing solvent surety / security to the

2 fa1273.18.odt satisfaction of the learned Registrar (Judicial), within a period of 4 weeks from today.

4.

Application is disposed of.

JUDGE MP Deshpande