Executive Engineer, V.I.D.C. Bembla Canal Division, Yavatmal v. Parag Vasantrao Deshmukh And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 237/2023 IN FIRST APPEAL NO. 264/2020 Executive Engineer, V.I.D.C. Bembla Canal Division, Yavatmal Vs Parag Vasantrao Deshmukh And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms I.P. Khisti, Advocate for the appellant.

Mr T.S. Deshpande, Advocate with Shri A.D. Deshmukh, Advocate for the respondent No.1/Applicant.

Ms T.H. Udeshi, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 16/02/ 3.

1.

Heard.

2.

By preferring this application, respondent No.1/applicant, who is the original claimant is seeking withdrawal of the amount. The appellant is acquiring body has deposited the amount of Rs. 5,56,716/-. 3.

It is submitted by respondent No.1 that his land is already acquired and he has no source of income. Now, he is facing financial crises and is unable to meet day-today expenses. 4.

The said application is opposed by the appellant.

5.

Considering small amount is deposited and he is in need of money for his day-to-day expenses, the application deserves to be allowed.

6.

In view of the reasons mentioned in the application, respondent No.1/applicant is permitted to withdraw the amount on furnishing the usual undertaking.

7.

The amount be disbursed after due identification and on the satisfaction of the Registrar (Judicial). 8.

The appellant to furnish a private paper-book within a period of six weeks.

Civil application is disposed of.

Civil Application (CAF) No. 1514/2019 1.

By this application, the appellant/VIDC is seeking stay to the execution, operation and implementation of the impugned judgment and award passed by the Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 797/2012.

2.

The appellant has already deposited the entire amount and respondent No.1 is permitted to withdraw the same.

3.

In view of that the implementation, execution, and operation of the impugned judgment and award dated 13/09/2017 is stayed, till the final disposal of the appeal.

Civil application is disposed of.

FIRST APPEAL NO.264/2020 The appellant to file private paper-book within a period of eight weeks.

The appeal be placed for final hearing as per its turn after filing of the paper-book and its due verification.

JUDGE Signed By:RAJESH K NANDURKAR