Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Sheshrao Ramchandra Khatare (Dead) Thr. Lrs. Mrs. Varsha Sheshrao Khatare And Others

2024:BHC-NAG:929 1 27 caf 3373.23.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.3373 OF 2023 IN FIRST APPEAL NO. 748 OF 2022 Executive Engineer, Madhyam Prakalp Vibhag, Yavatmal VS.

Sheshrao Ramchandra Khatare and ors.

W ITH FIRST APPEAL NO.547 OF 2017 Lomesh s/o Shriram Tarate Vs.

The State of Maharashtra through Collector, Yavatmal and ors. WITH FIRST APPEAL NO.

OF 20226 VIDC through Executive Engineer, Yavatmal vs.

Lomesh Shriram Tarte and ors.

_______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs. I.P. Khisti, Advocate for the appellant in F.A. No.748.22. Mr. Sunil Ingole, Advocate for respondent Nos.1 to 6. Mr. Ganesh Umale, AGP for respondent Nos.7 and 8. CORAM :

G.A. SANAP, J.

DATE :

JANUARY 22, 2024.

This is an application for withdrawal of the entire amount of compensation.

2.

Heard learned Advocates for the parties.

2 27 caf 3373.23.odt. 3.

In view of the reasons stated in the application, respondent Nos.1 to 6 are allowed to withdraw 80% of the amount of compensation subject to furnishing usual undertaking to the effect that they will return the said amount in case the appeal is decided against them along with interest at the rate that will be determined by the Court. The amount of share of respondent Nos.2 to 6 be paid to respondent No.1 being the constituted power of attorney of respondent Nos. 2 to 6.

4.

The application stands disposed of.

(G. A. SANAP, J.) Manisha