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Bombay High CourtCA/3550/2023disposed off

Arjun Martand Kamble Died His Lrs Dhuliram A. Kamble Died Thr Lrs Sojarbai Dhuliram Kamble And ORS v. Ex.Engineer Irrigation Project Strengthening Division Omerga Now Under M.K.V.D.C.Ltd Pune And ANR

2023-06-19Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

6-CA-3550-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3550 OF 2023 IN FIRST APPEAL NO.1726 OF 2020 ARJUN MARTAND KAMBLE DIED HIS LRS DHULIRAM A. KAMBLE DIED THR LRS SOJARBAI DHULIRAM KAMBLE AND ORS

VERSUS

EX.ENGINEER IRRIGATION PROJECT STRENGTHENING DIVISIONOMERGA NOW UNDER M.K.V.D.C.LTD PUNE AND ANR ...

Advocate for the Applicants: Mr. P. B. Rakhunde AGP for Respondent/State: Mr. A. B. Chate ...

CORAM :S. G. CHAPALGAONKAR, J.

DATE :19.06.2023 PER COURT :

1.

Heard the learned Advocate for the Applicants and the learned AGP for the respondents/State.

2.

Mr. Rakhunde, learned Advocate appearing for the applicants submits that, the First Appeal is already disposed of in view of the compromise recorded before the permanent Lok-Adalat. The legal heirs of the deceased are already on record.

3.

In that view of the matter, he would not press the present civil application and file appropriate proceedings before the Executing/Reference Court for withdrawal of the amount if the amount itself is transmitted to the Reference Court. 1/2

6-CA-3550-2023.odt 4.

Mr. Chate, the learned AGP has no objection if the same course is adopted.

5.

Considering the aforesaid submissions, the amount lying with the Registry of this Court be transmitted to the Reference Court. The applicants shall be at liberty to file appropriate application seeking withdrawal of the amount along with accrued interest and the same shall be considered in accordance with law.

6.

Civil Application is disposed of accordingly. (S. G. CHAPALGAONKAR, J.) Sameer 2/2