914-IA-11055-2025 (C) .DOC Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11055 OF 2025 IN FIRST APPEAL(ST) NO. 7776 OF 2025 Prataprao Jaysingrao Kadam S ince Deceased Thr. Lrs. Chhaya Pratap Kadam And Ors. ...Applicants In the matter between The Esecutive Engineer, Dudhganga Canal Division No. 1. Kolhapur ...Appellant Versus Prataprao Jaysingrao Kadam S ince Deceased Thr. Lrs. Chhaya Pratap Kadam And Ors. ...Respondents ------- Mr. D.V. Sutar a/w Mr. Shruti P. Ghodake, Advocate for the Applicant. Mr. Shrikant Yadav, AGP for the Respondent Nos. 4 & 5– State. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 13th NOVEMBER, 2025. P.C. 1. Heard learned counsel for the Applicants and learned counsel for Appellant. 2. It is contention of learned counsel for the applicant that the land is acquired by the Appellant. The Appellant has deposited entire HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.11.18 11:40:30 +0530 914-IA-11055-2025 (C) .DOC award amount. The Applicant needs the amount for their daily expenses. Hence, requested to allow the application. 3. Learned counsel for Appellant objected to allow the Application on the ground that the trial Court has awarded exorbitant and excessive compensation. Hence, requested to reject the Application. 4. Considering the submissions of both the counsel as well as land of the Applicant is already acquired. The grounds raised by the Appellant can be considered at the time of final hearing of the Appeal. Hence, I pass the following order. O R D E R 5. I. The application is allowed. II. The Applicants are permitted to withdraw 50% amount along with accrued interest thereon out of the deposited amount on furnishing usual undertaking. III. The application is disposed off. (SHIVKUMAR DIGE, J.)