Bombay High Court
CAF/4476/2026 of EXECUTIVE ENGINEER, MAN PROJECT DIVISION, KHAMGAON, AKOLA Vs DNYANDEO NARAYAN TAMBLE AND OTHERS on 5 November 2026
1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
74 74 fa 864-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO.4476 OF 2026
IN
FIRST APPEAL NO. 864 OF 2026
Executive Engineer, Man Project Division, Khamgaon, Akola
VERSUS
Dnyandeo Narayan Tamble And Others
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Ms Prachi Joshi, AGP for respondents/State CORAM : PRAVIN S. PATIL, J.
DATE : 05.11.2026
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1. By this application, the respondent No.1 seeks permission for withdrawal of the amount which is deposited by the appellant before this Court.
2. The respondent No.1 has pointed out that he is prosecuting his cause since years together and he is now in advance age and is in need of the amount awarded by the Reference Court in the matter.
3. Learned counsel for the appellant strongly opposed the application. According to him, if entire amount is allowed to be withdrawn, the main purpose of filing the appeal would be frustrated in the matter.
74 74 fa 864-2026.odt
4. The applicant/claimant is prosecuting his cause in the matter since last more than 10 years. There are likely chances to take some time to decide the present appeal in view of pendency of large number of cases before this Court. Hence, applicant/claimant i.e. respondent No.1 is permitted to withdraw 75% amount out of the entire amount deposited by appellant before this Court, subject to furnishing an undertaking that in case appeal is allowed, applicant/claimant will deposit entire amount with interest before this Court.
5. The applicant/claimant disputed the amount deposited by appellant in the matter. According to him, appellant has not done proper calculation in the matter. The said issue is kept open at this stage.
6. Application stands disposed of.
(PRAVIN S. PATIL J.) R.S. Sahare
Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 06/11/2026 13:47:45