Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Div., Yavatmal And ANR v. Laxman Yadaorao Pal And Others

23.FA.158.2021.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.4054/2019 IN First Appeal No.158/2021 V.I.D.C. through its Execution Engineer, Bembla Irrigation Division & Anr. Vs. Laxman Yadaorao Pal & 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 the Appellant.

Shri A.B. Nakshane, Advocate for Respondent No.1. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 22 nd FEBRUARY, 2021.

Learned Counsel for the appellant states that the entire amount of compensation, as per the impugned judgment and award of the Reference Court, has been deposited.

In the light of the said statement, the execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal.

The civil application stands disposed of.

Civil Application (CAF) No.375/2021 The applicant herein has sought withdrawal of compensation deposited by the Appellant - Acquiring Body. Having perused the evidence, the reasons recorded in the impugned judgment and award as well as the grounds raised in the appeal memo, the applicant/respondent No.1 is permitted to withdraw 75% amount of the compensation, on furnishing an

23.FA.158.2021.

2/2 undertaking before the Registrar (Judicial) that the amount will be refunded with interest as per the order of the Court, in the event the Appellant succeeds in the appeal.

The civil application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) vijay