Vidarbha Patbandhare Vikas Mahamandal Thr Exe. Engineer Wan Project Div. Shegaon Dist Buldhana v. Dinkar Dasharath Sabe And Others

2025:BHC-NAG:10409 1 25 caf1072.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 1072 OF 2025 IN FIRST APPEAL NO. 1150 OF 2024 VIDARBHA PATBANDHARE VIKAS MAHAMANDAL,

VERSUS

DINKAR DASHRATH SABE AND ANOTHER ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. M. A. Kadu, Advocate for the appellant Mr. Anand Deshpande, Advocate for respondent nos.1 and 2/applicants Mrs. H.S. Dhande, A.G.P. for respondent nos.3 and 4 CORAM : M. W. CHANDWANI, J.

DATE : APRIL 02, 2025.

1.

Heard.

2.

By order dated 25 24.10.2024, respondent nos.1 & (Corrected as per Court's order dated 01.10.2025) 2/ applicants were allowed to withdraw 50% of the decretal amount on usual undertaking and 25% of the decretal amount on furnishing solvent surety. 3.

The contention is that the land of entire village has been acquired. Therefore, it is not possible for the applicants to arrange for solvent surety.

4.

In view of this difficulty, the condition of execution of solvent surety is relaxed and 25% of the decretal amount as directed by order dated 25 24.10.2024 is permitted to be withdrawn on furnishing usual undertaking. 5.

The application is allowed and disposed of.

Corrected order ( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 08/10/2025 17:14:48