Executive Engineer, Minor Irrigation Division, Wardha v. Tukaram Domaji Piprade And 2 Others

06.08.caf.2441.18

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2441/2018 IN FIRST APPEAL NO.22/2017(d) Executive Engineer MI Wardha vs. Tukaram S/o Domaji Piprade and others ) ...................................................... ........................................................................... ...

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. C.R. Najbile, Adv.for applicant/respondent no.1 Mr. Anil Kaware, Adv.h/for Mr. Parihar, Adv. for appellant Mrs. A.R.Kulkarni, Adv.for respondents 2 and 3 CORAM : MRS.SWAPNA JOSHI, J.

D ATED : 6th August, 2018.

The respondent no.1/ applicant has filed the instant Application for withdrawal of the compensation amount deposited by the appellant.

Heard both sides. Having considered the the grounds of appeal and the impugned judgment passed by the reference Court, I am of the view that the amount deposited in this Court can be allowed to be withdrawn unconditionally, particularly when the Appeal has already been withdrawn by the appellant on 22nd April, 2018 and the other side has no objection for withdrawal of the amount.

Hence the applicant/respondent no.1 is allowed to withdraw the amount of Rs. 2,97,093 along with interest accrued thereon. The Civil Application stands disposed of.

JUDGE sahare