The Executive Engineer, Bembla Project, Yavatmal v. Shaligram Ganeshrao Kadu And Others

1 fa1160.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.3544/2019 in First Appeal No. 1160/2017 The Executive Engineer, Bembla Project, Yavatmal Vs.

Shaligram Kadu and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Madhura Gokhale h/f Mr. P. Patil, Advocate for appellant Mr. A.P. Kalmegh, Advocate for respondent for respondent No.1. Mr. B.M. Lonare, AGP for respondents No.2 and 3. CORAM :MANISH PITALE, J.

DATED : OCTOBER 11, 2019 This is an application filed on behalf of the respondent N.1 (original land owner - claimant), seeking permission to withdraw the balance 50% amount along with interest deposited in this Court.

2.

The respondent No.1 had withdrawn 50% of the amount by furnishing usual undertaking, in terms of order passed by this Court.

3.

It is contended on behalf of respondent No.1 that the balance amount is required in the light of an agreement to purchase immovable property executed by the respondent No.1 and also for medical treatment.

4.

Considering the need projected in the application, the same is allowed conditionally.

2 fa1160.17.odt 5.

Accordingly, the application is allowed and the respondent No.1 is permitted to withdraw the balance amount lying in this Court, subject to furnishing solvent surety to the satisfaction of the learned Registrar (Judicial), within a period of 4 weeks from today.

6.

Application is disposed of.

JUDGE MP Deshpande