The Executive Engineer, Lower Wardha Project Division, Vidarbha Irrigation Development Corp. Wardha v. Smt. Gopibai Vitthaldas Bhattad (Since Deceased) Bhojraj Vitthaldasji Bhattad And Others

caf.3381.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3381 of 2016 in First Appeal No.727 of 2015 (The Executive Engineer, Lower Wardha Project Division [V.I.D.C.], Wardha vs.

Smt. Gopibai Vitthaldas Bhattad [dead], through L.Rs. and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Tushar Darda, Advocate for the Applicant/R-1A to R-1G Shri S.S. Godbole, Advocate for the Appellant. Shri N.R. Rode, A.G.P. for Respondent Nos.2 and 3.

CORAM

: S.B. SHUKRE, J.

DATE : 30 th NOVEMBER, 2016.

Heard.

Prayer is to permit the claimants to withdraw the amount of compensation.

The prayer is opposed by the learned Counsel for the appellant on the ground that enhancement granted by the Reference Court is on a higher side.

Perused the judgment of the Reference Court.

Considering the sale instances relied upon by the Reference Court, the claimants are permitted to withdraw 50% of the amount deposited on filing usual undertaking. Remaining 50% amount is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). The civil application is disposed of accordingly. *sdw JUDGE