Narayan Guno Naik (Sin. Dec.) Through His Lr'S., v. Mangesh Bhiku Naik Gaonkar And 8 ORS.,

945-CA 124-14.DOC Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.124 OF 2014 IN FIRST APPEAL NO. 72 OF 2014 NARAYAN GUNO NAIK (SIN. DEC.) THROUGH HIS LR'S.

... Applicants

Versus

MANGESH BHIKU NAIK GAONKAR AND 8 ORS.

... Respondents Mr. Prashil Arolkar, Advocate for the Applicants. Mr. S. D. Lotlikar, Senior Advocate with Ms. S. Kenny, Advocate for Respondent Nos. 3(a) and 3(c) to 3(e).

Mr. Mahesh Amonkar, Advocate for Respondent Nos. 5(i) to 5(iv), 6(i) to 6(v).

CORAM:

M. S. SONAK, J.

DATED :

nd FEBRUARY 2023 P.C.:

1.

The main appeal is admitted. However, Mr. Lotlikar learned Senior Advocate who appears for Respondent Nos. 3(a) and 3(c) to 3(e) states that the compensation amount which was apportioned in their favour has already been withdrawn by them. 2.

Accordingly, it will not be appropriate at this stage to require these Respondents to bring back the amount pending the disposal of 2nd February 2023

945-CA 124-14.DOC the appeal. Instead, it is clarified that this withdrawn amount shall abide by the final orders in the appeal.

3.

However, if any of the other Respondents have till date not withdrawn the amount apportioned in their favour then the adinterim order made by this Court on 11.09.2014 will operate and they would not be entitled to withdraw this amount. 4.

The Civil Application No.124 of 2014 is disposed of in the above terms.

M. S. SONAK, J.

Date: 2023.02.03 13:00:21 +05'30'

TARI AMRUT NAGESH 2nd February 2023