The Executive Engineer, Lower Wardha Project Division, Wardha v. Sanjay Devidas Kale And Others

2026:BHC-NAG:1890 1 45) FA 650-2019111

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 522 OF 2026 IN FIRST APPEAL NO. 650 OF 2019 (D) THE EXECUTIVE ENGINEER, LOWER WARDHA PROJECT DIV. WARDHA VS SANJAY DEVIDAS KALE AND ORS.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A.M.Kukday, Advocate for appellant.

Shri S.D.Chopde, Advocate for respondent nos. 1 and 2/Applicants. Ms. S.S.Dhote, AGP for respondent/State.

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

04/02/ Leave to amend the prayer Clause is granted.

2.

Amendment to be carried out forthwith.

3.

This is an application filed by the Claimants for modification of order dated 23/07/2019.

4.

Heard learned counsel for the Acquiring Body, learned counsel for Respondent nos. 1 and 2/Applicants/Claimants and learned AGP for Respondent(s)/State.

5.

The order dated 23/07/2019 reads as under:- "Heard learned Advocate Shri Chopde for the applicants.

2. The application is opposed by Ms. Reve, learned Advocate holding for Shri Jaipurkar, learned Advocate for the appellant.

3. Looking to the grounds, the application is allowed. The applicants/respondent nos. 1 and 2 are permitted to withdraw 50% amount on usual undertaking and balance 50% amount after furnishing solvent surety

2 45) FA 650-2019222 for the satisfaction of Registrar(Judicial) of this Court.

4. The application is disposed of."

6.

For the reasons mentioned in para 4 of the Application, the Application is allowed in terms of its prayer Clause.

7.

Accordingly, the Application is disposed of.

CIVIL APPLICATION (CAF) NO. 758 OF 2026 8.

In view of the above order, the present Civil Application (CAF) No. 758/2026 stands disposed of as become infructuous.

(NEERAJ P. DHOTE, J.) B.T.K.

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 05/02/2026 14:54:16