Sultankhan Rehmankhan Pathan ... vs The State Of Maharashtra Thr. The ...
2022 Latest Caselaw 10377 Bom

          Megha                                          15_ia_750_2021.doc



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO.750 OF 2021
                                               IN
                                    FIRST APPEAL NO.43 OF 2001

           Sultankhan Rehmankan Pathan                                 ...Applicant

           In the matter between
           The State of Maharashtra                                    ...Appellant
                                 Versus
           Rahimkhan Pathankahn since deceased
           through LRs
           Kedarkhan Ahmadkhan (since deceased
           through LRs)
           i-a) Ruksana Mardarkhan Pathan and
           Ors.                                                     ...Respondents
                                             ...
          Mr. Vishwanath Talkute for the Applicant in Ia/750/2021 and for
          Respondent No.4 in FA/43/2001.
          Mr. Y.Y. Dabke, AGP for the Appellant-State.


                                          CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 7th OCTOBER, 2022.

P. C. :-

1. By this application, the Applicant has sought withdrawal

of the compensation deposited by the Appellant-State as per the

impugned Judgment and Award passed by the Reference Court in

Land Reference No.92 of 1983.

2. Having considered the reasons stated in the application

as well as the grounds raised in the appeal memo, the Applicant is Digitally signed MEGHA by MEGHA S PARAB S Date:

2022.10.11 PARAB 10:42:42 +0530

Megha 15_ia_750_2021.doc

permitted to withdraw 50% of the compensation along with the

proportionate interest accrued thereon, subject to an undertaking

that the amount will be refunded with interest in the event the

Appellant succeeds in the appeal.

3. Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)