Executive Engineer, Madhyam ... vs Deorao Mansingh Pawar And Others
2021 Latest Caselaw 14700 Bom

18caf1999.21.odt                                                                                1


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH, NAGPUR.

                          CIVIL APPLICATION NO.1999 OF 2021
                                                    IN
                              FIRST APPEAL NO.368 OF 2021
    (Executive Engineer, Madhyam Prakalp Vibhag, Yavatmal Vs. Deorao s/o
                                    Mansing Pawar and ors.)
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mrs. U.A. Patil, Advocate h/f Ms. I.P. Khisti, Advocate for the appellant.
                          Shri S.V. Ingole, Advocate for respondent No.1.
                          Shri H.N. Jaipurkar, A.G.P. for respondent Nos.2 & 3/State.
                                                   .....


                                          CORAM : PUSHPA V. GANEDIWALA, J.

OCTOBER 07, 2021.

Heard.

2. Perused the contents in the application.

3. By way of this application, the applicant/ claimant/respondent No.1 is seeking withdrawal of the decretal amount which has been deposited by the appellant with the Registry of this Court with accrued interest thereon.

4. I have perused the impugned judgment and order dated 13/08/2019 in L.A.C. No.41/2010 passed by the Civil Judge, Senior Division, Darwha, Dist. Yavatmal wherein the Court has enhanced the compensation @ Rs.1,25,000/- per hector for land, Rs.2432/- per tree for 320 orange trees and Rs.2457/- per tree for one lemon tree.

5. Considering the amount of enhanced compensation, the applicant/respondent No.1 is permitted to withdraw 50% of the amount deposited by the appellant with accrued interest thereon, on furnishing usual undetaking and 50% of the aforesaid amount on furnishing solvent surelty to the satisfaction of the Registrar(J).

6. The application stand disposed of accordingly.

JUDGE *DB