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Bombay High CourtCAF/2384/2014dispossed offdismiss for default

Executive Engineer, Zilla Parishad, Irrigation Division, Yavatmal v. Methibai Sadashiv Jadhao And Others

2015-05-06Hon'Ble Shri Justice A.S. Chandurkar2 pages

30-FA-109-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.109 OF 2015 Executive Enginner, Zilla Parishad, Irrigation Dvn. Yavatmal -vsMethibai Sadashiv Jadhao & Ors.

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

or directions and Registrar's orders.

Shri D. A. Sonwane, Advocate for appellant.

Shri V. N. Patre, Advocate for respondent Nos.1 to 4. Smt. M. N. Hiwase, AGP for respondent Nos.5 and 6. CORAM : A.S.CHANDURKAR, J.

DATE : MAY 06, 2015 Heard.

Admit.

Call for record and proceedings.

Shri V. N. Patre, learned cousnel waives notice on behalf of respondent Nos.1 to 4. Smt. M. N. Hiwase, learned Assistant Government Pleader waives notice for respondent Nos.5 and 6.

Civil Application No.2384 of 2014 As the applicant has deposited a sum of Rs.10,97,022/- in this Court as per order dated 23/04/2015 passed by the learned Registrar (Judicial), deficit amount of Rs.88,536/- till remains to be deposited. Time of ten weeks is granted to deposit said balance amount. If said amount is deposited within a period of ten weeks from today, ad interim relief granted on 05/09/2014 shall operate as interim relief. Civil Application stands disposed of.

30-FA-109-15 2/2 Civil Application No.86 of 2015 By this application, the claimants seek permission to withdraw the amount of enhanced compensation. The application is opposed by learned counsel for the appellant on the ground that enhancement granted by the Reference Court is on a higher side.

Considering the evidence available on record, the claimants are permitted to withdraw 50% of the amount deposited in this Court subject to furnishing usual undertaking. Remaining 50% of the amount deposited is permitted to be withdrawn subject to furnishing solvent surety to the satisfaction of the Registrar (Judicial). Civil Application stands disposed of.

JUDGE Asmita