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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO. 1668 OF 2019

V.I.D.C. thr.its Executive Engineer and another

-Vs.-

Devendra Rambhau Tathod and others

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Office notes, Office Memoranda of

Coram, appearances, Court'

s orders

Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

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Mr.A.D.Girdekar, counsel h/f Mr.H.D.Marathe, counsel for the

appellants.

CORAM : MANISH PITALE, J.

DATE

: 07.10.2019

Heard learned counsel for the appellant.

2.

Admit.

3.

Call for R. & P.

4.

Tag with First Appeal Nos.1272, 1273 and 1275

of 2018.

5.

The appellants shall file private paper book within

a period of three months from today.

6.

Learned counsel Mr.Bhagwan Lonare waives

notice of hearing on behalf of respondent Nos.2 and 3.

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CIVIL APPLN. NO.3722 OF 2018

This is an application seeking stay of the

judgment and order passed by the Reference Court.

2.

Since the appellants have undisputedly deposited

the entire amount of compensation in this Court, the

present application is allowed and there shall be stay to

the effect and operation of the impugned judgment and

order of the Reference Court during the pendency of the

present appeal.

CIVIL APPLN. NO. 3761 OF 2019

By this application respondent No.1

(original land owner – claimant), is seeking permission

to withdraw the amount of compensation deposited by

the appellant in this Court.

2.

Looking to the reasons stated in the

application, as well as the grounds raised on behalf of

the appellant in the appeal, this Court deems it fit, in

the interest of justice to allow this application

conditionally.

3.

Accordingly, the application is allowed and

the respondent No.1 is permitted to withdraw the

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amount deposited in this Court, 75% by filing usual

undertaking before the learned Registrar (Judicial) and

25% by furnishing solvent surety/security to the

satisfaction of the learned Registrar (Judicial), within a

period of four weeks from today.

4.

Application is disposed of.

JUDGE

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