Bombay High CourtCAF/2635/2022ca disposed off

Exe. Engineer, Purna Medium Proj. Achalpur Div. (Now Medium And Minor Irrigation Div.) Amravati v. Dadarao S/O Vishramji Wankhade And Others

2022-11-29Hon'Ble Shri Justice Avinash G. Gharote2 pages

57. CAF 2635 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2635/2022 IN FIRST APPEAL NO.881/2022 Executive Engineer, Purna Medium Project Achalpur Division, (Now Medium and Minor Irrigation Division, Achalpur), Achalpur, Taluka Achalpur, District Amravati ...Versus...

Dadarao s/o Vishramji Wankhade and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Vinay Dahat, Advocate for appellant Shri R.J. Shinde, Advocate for respondent no.1/applicant Mrs. M.H. Deshmukh, AGP for respondent nos.2 and 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 29/11/2022 The civil application seeks withdrawal of the entire compensation amount as deposited in the Reference Court.

The application is opposed by the learned counsel for the appellant, however, considering that the entitlement of the respondent no.1 is not in dispute and it is only the quantum which is in dispute, 50% of the amount deposited in the Reference Court is permitted to be withdrawn, subject to the usual undertaking being furnished to the satisfaction of the Registrar of that Court.

The civil application is allowed in the above terms. No order as to costs.

57. CAF 2635 of 2022.odt FIRST APPEAL NO.881/2022 Considering the nature of the challenge Admit. Advocate Shri Shinde waives service of notice for the respondent no.1 on merits. Learned Assistant Government Pleader Mrs. Deshmukh waives service of notice for the respondent nos.2 and 3 on merits.

Call record and proceedings. Private paper-book be filed within two weeks.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR