Bombay High CourtCAF/3897/2017dispossed offdismiss for default

Vidarbha Irrigation Development Corporation, Through Executive Engineer, Bembla Project, Yavatmal v. Mahadeo Samsa Singane (Deceased), Through Its L.Rs. Sudhakar Mahadeo Singane And 2 Others

2017-11-27Hon'Ble Shri Justice P.N. Deshmukh2 pages

fa.1151.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAF] NO.3897 OF 2017 IN FIRST APPEAL NO.1151 OF 2015 (V.I.D.C., through Executive Engineer, Bembla Project, Yavatmal vs.

Mahadeo Samsa Singane, through its L.Rs. and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

CORAM

: P.N. DESHMUKH, J.

DATE : 27 th NOVEMBER, 2017.

Heard Shri A.B. Nakshane, learned Counsel for applicant-respondent no.1, Shri P.B. Patil, learned Counsel for the appellant and Shri M.J. Khan, learned A.G.P. for respondent nos.2 & 3.

This application is filed for permission to withdraw entire decretal amount passed in L.A.C. No.433/2005 by the 2nd Joint Civil Judge Senior Division, Yavatmal on 19/03/2011 contending that the amount of award is correctly granted by the reference Court on considering the relevant sale instances and, thus, there is no substance in the appeal. It is also contended that in a connected appeal, this Court has allowed the respondent therein to withdraw 75% of the amount deposited in First Appeal No.662/2016.

fa.1151.15 2/2 Copy of the said order tendered at bar is placed on record.

Record reveals that by order dated 08/12/2015, this Court granted ad interim stay subject to appellant depositing entire decretal amount within twelve weeks from the date of order. From paragraph 3 of the application, it is found that an amount of Rs.3,80,282/- is deposited by the appellant. In the circumstances, applicant-respondent no.1 is permitted to withdraw 75% of the amount deposited in this court on furnishing usual undertaking within four weeks from today. Balance amount shall be deposited in nationalized bank initially for 36 months and shall be renewed anually. Civil application stands disposed of in above terms.

JUDGE *sdw