V.I.D.C. Thr. Exe. Engineer, Medium And Minor Irrigation Division, Achalpur v. Smt. Dwarkabai Namdeorao Apradhe And Others

2023:BHC-NAG:16189 934-CAO 1153-23 in FA 430-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1153 OF 2023 IN FIRST APPEAL NO. 430 OF 2023 V.I.D.C. THR. EXE. ENGINEER, MEDIUM AND MINOR IRRIGATION DIVISION, ACHALPUR, DIST. AMRAVATI ...VERSUS...

SMT. DWARKABAI NAMDEORAO APRADHE AND ORS.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Anjali A. Agrawal, Advocate for appellant. Shri Uttam Chakrawati, Advocate h/f. Shri S.S. Shingane, Advocate for respondent no. 1/applicant.

Ms. Prachi Joshi, AGP for respondent nos. 2 and 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

rd NOVEMBER , 2023 DATE :

The present application is filed for modification of order dated 02/08/2023 passed by this Court.

2.

The appellant has deposited the entire decreetal amount before this Court as per direction of this Court. This Court has granted permission to withdraw 50% of amount along with accrued interest, subject to furnishing undertaking and remaining 50% of amount by furnishing security to the satisfaction of Registrar (J). 3.

It is submitted that respondent no. 1 is not in a position to furnish security for the required amount. However, she can get surety of her relative.

4.

The learned counsel for the appellant objected the same. However, for the reasons stated in the application, I am inclined to allow the application. Accordingly, I proceed to pass the following order:-

934-CAO 1153-23 in FA 430-23.odt

ORDER

Para 2 of the order dated 02/08/2023 is hereby modified by substituting the word "security" by the word "surety". 2.

Modified order to be uploaded.

3.

Accordingly the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar