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Bombay High CourtCAF/2499/2014dispossed offdismiss for default

Vidc Thr. Exe. Eng. Minor Irrigation Division Pusad v. Dhyaneshwar Rajeshwar Belekar, And 2 Others

2015-02-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2499.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2499 OF 2014 IN FIRST APPEAL NO. 998 OF 2013 (V.I.D.C. through its Executive Engineer ..vs.. Dnyaneshwar Rajeshwar Belekar and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.B. Kasat, Advocate for the appellant, Shri V.D. Darne, Advocate for the respondent No.1, Shri M.A. Kadu, AGP for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

DATED : 10-02-2015 This is an application filed by the respondent No. 1-land owner praying for permission to withdraw the amount deposited by the appellant. The respondent No.1 has justified his prayer in the application. Considering the reasons stated in the application, the respondent No.1 is permitted to withdraw the amount deposited by the appellant alongwith interest, if any, on filing an undertaking to the satisfaction of the learned Registrar (Judicial) of this Court to the effect that in case it is found at the time of hearing that the respondent No.1 is not entitled for the amount withdrawn by him, he shall redeposit it with the Registry of this Court with interest as would be determined by this Court, within the stipulated time.

2 caf2499.14 The civil application is disposed in the above terms.

JUDGE pma