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Bombay High CourtIA/11154/2025disposed off

Chandrashekhar Nagappa Dandagi And ORS. v. The Executive Engineer, Kolhapur

2025-11-12Hon'Ble Shri Justice Shivkumar Dige2 pages

45-FA-1639-2025 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST.) NO.30210 OF 2025 IN FIRST APPEAL NO. 1639 OF 2025 Chandrashekhar Nagappa Dandagi ...Applicant

IN THE MATTER BETWEEN :

The Executive Engineer, Kolhapur ...Appellant

Versus

Chandrashekhar Nagappa Dandagi And Ors. ...Respondents .....

Mr. Prajakt Arjunwadkar, Advocate for Applicant in Interim Application and Respondent No.1 in Appeal.

Ms. Chaitrali Deshmukh (Through VC), for Appellant in Appeal. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

12th NOVEMBER, 2025 P.C.

1.

Heard learned counsel for the applicant and learned counsel for Appellant.

2.

It is contention of learned counsel for the applicant is that the land is acquired by the Appellant. The Appellant has deposited entire awarded amount. The applicant needs the amount for his daily expenses. Hence, requested to allow the application. by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.13 19:44:49 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

45-FA-1639-2025 (C).DOC 3.

Learned counsel for Appellant objected to allow the application on the ground that the Tribunal has awarded exorbitant and excessive compensation. Hence, requested to reject the application.

4.

I have heard both learned counsels. Considering the submissions of both the counsel as well as land of the applicant is already acquired. The grounds raised by the Appellant can be considered at the time of final hearing of the appeal. Hence, I pass the following order:

O R D E R

(i) The application is allowed.

(ii) The applicants are permitted to withdraw 50% amount along with accrued interest thereon out of the deposited amount on furnishing usual undertaking.

(iii) The application is disposed off.

(SHIVKUMAR DIGE, J.) Sajakali Jamadar