V.I.D.C. Through Executive Engineer, Minor Irrigation Division, Washim And Another v. Digambar Sonasa Sherekar And Others

1 caf3860.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (F) No.3860 OF 2019 IN FIRST APPEAL No. 605 OF 2019 VIDC, thr. Executive Engineer, Minor Irrigation Division Washim Vs.

Digambar Sonasa Sherekar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. H. D. Marathe, counsel for appellant.

Shri. Amol Darekar, counsel for respondent No.1. Shri. S. D. Sirpurkar, AGP for respondents No.2 & 3. CORAM : MANISH PITALE, J.

DATED : OCTOBER 16, 2019 By this application respondent No.1 (original land owner - claimant), is seeking permission to withdraw the amount of compensation deposited by the appellant in this Court.

2.

Looking to the reasons stated in the application, as well as the grounds raised on behalf of the appellant in the appeal, this Court deems it fit, in the interest of justice to allow this application conditionally.

3.

Accordingly, the application is allowed and the respondent No.1 is permitted to

2 caf3860.19.odt withdraw the amount deposited in this Court, 75% by filing usual undertaking before the learned Registrar (Judicial) and 25% by furnishing solvent surety / security to the satisfaction of the learned Registrar (Judicial), within a period of 8 weeks from today.

4.

Application is disposed of.

JUDGE KOLHE