Bombay High CourtCAF/4004/2018admittedallwdgrantedrule absolute

The Executive Engineer Purna Medium Project Division Achalpur Amravati v. Ganeshrao Gangaramji Tembhare Deceased Trh. Lrs Panchfulabai Ganeshrao Tembhare And Others

2019-01-23Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.4004/2018 IN FIRST APPEAL NO.907/2018 The Executive Engineer, Purna Medium Project Division, Achalpur, Dist. Amravati ...Versus...

Ganeshrao Gangaramji Tembhare, deceased, through his Legal Heirs/Representatives - Panchfulabai Ganeshrao Tembhare and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Anjali Joshi, Counsel for appellant Shri S.S. Shingane, Counsel for respondent nos.1 to 7/applicants Mrs. Geeta Tiwari, AGP for respondent nos.8 and 9 CORAM : ARUN D. UPADHYE, J.

DATE : 23/01/2019 Heard.

Perused the application filed by the applicants/respondent nos.1 to 7 for withdrawal of amount. Considering the submissions of both sides and after going through the contents of the application, I am of the view that the applicant nos.1 to 7 could be permitted to withdraw 50% amount deposited in this Court upon furnishing usual undertaking and remaining 50% amount upon furnishing solvent surety to the satisfaction of the Registration (Judicial), within six weeks. Hence, I proceed to pass the following order.

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O R D E R

(i) The civil application is allowed.

(ii) The applicants/respondent nos.1 to 7 are allowed to withdraw 50% of the amount deposited in this Court upon furnishing usual undertaking and remaining 50% amount upon furnishing solvent surety to the satisfaction of the Registration (Judicial), within six weeks from the date of this order.

No order as to costs.

FIRST APPEAL NO.907/2018 Private paper-book be filed within six months. JUDGE Wadkar, P.S.