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Bombay High CourtCAF/494/2025ca disposed off

Vadarbha Patbandhare Vikas Mahamandal Through Executive Engineer, Wan Project Division, Shegaon v. Subhash S/O Ramdhan Sabe And Others

2025-02-14Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

1/2 12.caf.494.2025 in fa.1291.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 494 OF 2025 IN FIRST APPEAL NO. 1291 OF 2024 (Vidarbha Patbandhare Vikas Mahamandal, Shegaon V/s Subhash Ramdhan Sabe & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vinay Rathi, Advocate h/f Mr. P. B. Patil, Advocate for Appellant.

Mr. A. S. Deshpande, Advocate for Respondent Nos.1 and 2.

Mr. S. C. Joshi, AGP for Respondent Nos.3 & 4/State. -------------------------

CORAM

: ROHIT W. JOSHI, J.

DATE : FEBRUARY 14, 2025.

CIVIL APPLICATION (CAF) NO. 494 OF 2025 .

This Application is filed by the Respondent Nos.1 & 2 seeking permission to withdraw amount deposited by the Appellant, pursuant to the orders dated 20/7/2024 and 11/12/2024.

2.

The learned Counsel for Respondent Nos.1 and 2 makes a statement that in connected matter the land owners/respondents have been permitted to withdraw entire amount deposited along with accrued interest on furnishing usual undertaking. In fairness, learned Counsel for the Appellant does not dispute the statement.

2/2 12.caf.494.2025 in fa.1291.2024.odt 3.

In view of the aforesaid, Civil Application is allowed, by permitting the Respondent Nos.1 and 2 to withdraw entire amount deposited by the Appellant along with accrued interest on furnishing usual undertaking.

4.

Civil Application stands disposed of accordingly. FIRST APPEAL NO. 1291 OF 2024 .

Heard. Admit. Call R & P.

2.

Mr. Deshpande, learned Counsel, waives service of notice on behalf of the Respondent Nos.1 and 2 and Mr. Joshi, the learned AGP waives service of notice on behalf of the Respondent Nos.3 and 4.

(ROHIT W. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 21/02/2025 11:03:54