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Bombay High CourtCAF/2668/2019ca disposed off

V. I. D. C. Through Executive Engineer, Minor Irrigation Division, Washim And Another v. Sitaram Ramdhan Pawar And 2 Others

2021-01-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 949 caf 2668.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2668 OF 2019 IN FIRST APPEAL NO. OF 2021 V.I.D.C., thr. Executive Engineer and anr.

..VS..

Sitaram Ramdhan Pawar and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Advocate for applicant/appellant. Shri R.J. Shinde, for respondent no. 1.

Ms. S. Haider, A.G.P. for respondent nos. 2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 13/01/2021 Counsel for the applicant states that the amount of compensation has been deposited. The said statement is not disputed by learned Counsel for the respondent/original claimant. In view of which, interim relief granted by the order dated 22.11.2019 is extended till the date of disposal of the appeal.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 1563 OF 2020 The respondent no. 1 has filed an application for withdrawal of the amount deposited by the appellant. 2.

In view of the reasons stated in the application, the respondent no. 1 is permitted to withdraw 50% of the amount deposited by the appellant on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) to the effect that he will refund the

2 949 caf 2668.2019 amount with interest, in case the appeal is allowed. 3.

Civil Applications stands disposed of accordingly.

FIRST APPEAL NO. 368 OF 2020 Heard arguable points raised.

2.

ADMIT.

3.

Learned Counsel Shri R.J. Shinde waives notice on behalf of respondent no. 1 and learned Assistant Government Pleader Ms. Haider, waives notice on behalf of respondent nos. 2 and 3.

4.

Call for the Record and Proceedings.

JUDGE Trupti