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Bombay High CourtCAF/1618/2025allowed

Exe. Engineer/Deputy Director, Town Planning, Amravati Municipal Corporation Thr. Commissioner v. Ramesh S/O Chindusa Gulwade And Others

2026-03-13Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

2026:BHC-NAG:4291-DB 925-caf1618.25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLN. (F) NO. 1618 OF 2025 IN FIRST APPEAL NO. 827 OF 2023 Executive Engineer/Deputy Director, Town Planning, Amravati Municipal Corporation Amravati -Vs.- Ramesh S/o Chindusa Gulwade and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.J. B. Kasat, Adv. for the appellant.

Mr.S.S.Shingne, Adv.for the respondent No.1.

Ms H.N.Jaipurkar, AGP for the respondents-State. CORAM : SMT. M. S. JAWALKAR & NANDESH S.DESHPANDE, JJ.

DATE : 13TH MARCH, 2026 Heard the learned counsel for the parties.

2.

The present application is filed by respondent No.1 for grant of permission for withdrawal of amount deposited by the appellant.

3.

The learned counsel for the appellant opposed the application. However, as per the appellant, they have deposited total decreetal enhanced compensation, though there is dispute about the amount and for that a separate calculations are filed vide Pursis Stamp Nos.5 of 2025 dated 09/10/2025.

4.

We deem it appropriate to allow the respondent No.1 to withdraw the entire amount deposited in the Court of 11th Joint Civil Judge, Senior Division, Amravati. However, the KHUNTE

925-caf1618.25.odt 2/2 said withdrawal is permitted only on furnishing solvent surety by the respondent No.1 to the satisfaction of learned 11th Joint Civil Judge, Senior Division, Amravati or security as the case may be.

5.

The 11th Joint Civil Judge, Senior Division, Amravati is hereby directed that after verifying the bank details, the amount deposited by the appellant-Executive Engineer/ Deputy Director of Town Planning, Amravati Municipal Corporation, Amravati in LAC No.33 of 2013 be released in favour of respondent No.1 herein.

6.

The application is allowed and disposed of in the above terms.

(NANDESH S.DESHPANDE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 16/03/2026 10:22:44 KHUNTE