Ex. Engineer, Purna Medium Project Achalpur Div. (Now Ex. Engg. Medium And Minor Irrigation Div.) v. Baburao S/O Marotirao Badukale And Others

Order 15CAF4312.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Civil Application (CAF) No. 4312/2019 In First Appeal (St) No. 478/2018 The Executive Engineer, Purna -VERSUSBabarao S/o Marotirao Badukale & ors.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri P.B. Patil, Advocate for appellant Ms. M. Barabde, AGP for respondent Nos. 2 and 3. CORAM : VINAY JOSHI, J.

DATE : DECEMBER 16, 2019.

Heard.

2.

The respondent No. 1 is seeking withdrawal of compensation amount. The appellant opposed for withdrawal of compensation amount by submitting that the Reference Court has awarded rate double than granted by S.L.O. The learned counsel for respondent No. 1 submitted that in similar matter arising out of same notification, this Court has allowed 100% withdrawal in civil application No. 4004/2018 in First Appeal No. 907/2018. Considering the said

Order 15CAF4312.19 aspect, respondent No. 1 is permitted to withdraw 50% amount by furnishing usual undertaking and remaining 50% amount upon furnishing solvent surety to the satisfaction of the Registrar (Judicial). 3.

Civil application stands disposed of.

Civil Application (F) No. 3090/2018 4.

Since Civil No. 4312/2019 is decided, this civil application has not been pressed and disposed of accordingly.

JUDGE Gohane.