Exe. Engineer, Medium Project Division, Irrigation Department, Yavatmal And Another v. Baliram Bhima Chandekr Thr Lrs. Gangadhar Baliram And Others

(1) 33.fa.798.2022+1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.140 OF 2023 IN FIRST APPEAL NO.798 OF 2022 Executive Engineer Medium Project Division Irrigation Department Yavatmal and another Vs.

Baliram Bhima Chandekar through legal heirs 1) Gangadhar Baliram Chandekar and others with FIRST APPEAL NO.301 OF 2021 Vidarbha Irrigation Development Corporation, Nagpur through Executive Engineer Medium Project, Yavatmal and another Vs.

Rambhau Sadashiv Bobade and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. I. P. Khisti, Advocate for appellants.

Mr. S. D. Dharaskar, Advocate h/f Mr. K. S. Narwade, Advocate for respondent No.1. Mr. J. Y. Ghurde, Advocate for respondent Nos.2 to 5. Ms. Shamsi Haider, AGP for respondent Nos.6 and 7. Mr. Nikhil Waghmare, Advocate h/f Mr. P. B. Patil, Advocate for appellants in FA No.301/2021.

Mr. S. D. Dharaskar, Advocate h/f Mr. K. S. Narwade, Advocate for respondent No.1, in FA No.301/2021.

Ms. Shamsi Haider, AGP for respondent Nos.2 and 3 in FA No.301/2021. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 19/01/2023 By this application, respondent Nos.1 to 5 are seeking withdrawal of the amount. The same is opposed by Ms. Khisti, learned Advocate for the appellants.

However, considering the respondent Nos.1 to 5 are entitled to receive the compensation amount and

(2) 33.fa.798.2022+1 they can be permitted to withdraw 50% of amount equally, as appellants acquiring body has challenged the award on the ground that compensation awarded is exorbitant one.

In view of the reasons mentioned in the application, respondent Nos.1 to 5 are permitted to withdraw 50% amount equally on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

Civil application is disposed of.

FIRST APPEAL NO.798 OF 2022 Call for Record and Proceedings.

Appellant to file paper book within six weeks. After receipt of the Record and Proceedings, stand over after six weeks.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 19:41