Disposed

Executive Engineer Lower Wardha Project Division Wardha v. Ganpatrao Hanumantrao Goulkar (Dead) through Lrs. Chandrashekhar G. Gaulkar and Others

Bombay HC10 Jul 2023CAF/867/2023

Case brief

AI extract

What is this about?

Appeals regarding the disposal of permission to withdraw deposited aesthetal amount from a land acquisition claim and the stay of an impugned judgment. The court allowed withdrawal of 50% of deposited money and disposed of pending appeals.

What did the court decide?

Allowed applicant to withdraw 50% of deposited amount upon verification of P.O.A. and stay of impugned judgment order.

Executive Engineer Lower Wardha Project Division Wardha Vs Ganpatrao Hanumantrao Goulkar (Dead) through Lrs. Chandrashekhar G. Gaulkar and Others — Bombay HC (2023) — LawSathi Research

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1 23 fa 498-2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CIVIL APPLICATION (CAF) NO.867/2023 IN

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FIRST APPEAL ST. NO.14475/2016 (PENDING)

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Executive Engineer, Minor Irrigation Division, Wardha Vs.

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Ganpatrao s/o Manumantrao Goulkar (dead) thr. LR’s Chandrashekhar s/o Ganp[atrao Gaulkar and others

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri S.K. Bhoyar, Advocate for applicant Shri P.N.Sharma, Advocate for respondent No.1(a) to (d) Shri M.A. Kadu, AGP for respondent Nos.2 and 3

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CORAM : SMT. M.S. JAWALKAR, J. DATED : 10/07/2023

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The present application is filed for grant of permission to withdraw the amount by respondent Nos.1(a) to 1(d) legal representatives of original claimant. This Court granted stay to the effect and operation of impugned judgment subject to deposit of entire decreetal amount by the appellant. Accordingly, the amount was deposited vide Pursis Stamp No.01/2020 dated 12/10/2020. For the reasons stated in paragraph No.3, it will be appropriate to allow the applicant to withdraw 50% of amount so deposited by appellant. It is informed by learned Counsel for respondent Nos.1(a) to 1(d) that respondent No.1(c) is holding power of attorney on behalf of other respondents i.e. respondent Nos.1(a), 1(b) and 1(d).

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The registry is directed to verify the power of attorney placed on record and disburse 50% of

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2 23 fa 498-2023

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amount of compensation along with accrued interest so deposited on usual undertaking by applicant within a period of two weeks.

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The application stands disposed of accordingly.

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CIVIL APPLICATION (CAF) NO.1609/2023

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The present application is filed for grant of stay to the effect and operation of the impugned judgment. In view of the fact that total decreetal amount is already deposited by the appellant. There shall be stay to the effect, execution and operation of the impugned judgment and order.

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The application stands disposed of accordingly.

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FIRST APPEAL NO.498/2023

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Heard.

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Admit.

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Shri M.A. Kadu, learned AGP waives notice for respondent Nos.2 and 3.

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JUDGE

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R.S. Sahare

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Signed By:RANJANA SAMEER SAHARE

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Signing Date:12.07.2023 15:27

Executive Engineer Lower Wardha Project Division Wardha v. Ganpatrao Hanumantrao Goulkar (Dead) through Lrs. Chandrashekhar G. Gaulkar and Others

Case brief

What is this about?

What did the court decide?

Executive Engineer Lower Wardha Project Division Wardha v. Ganpatrao Hanumantrao Goulkar (Dead) through Lrs. Chandrashekhar G. Gaulkar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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