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Bombay High CourtCA/2635/2021disposed off

Gayabai Digambar Puri Died Thr Lrs Rangnath And ORS v. The Executive Engineer, Lower Dudhana Project, Division Selu, Thr Jalna Irrigation Div. And ORS

2021-03-18Hon'Ble Shri Justice Anil S. Kilor2 pages

1 2635.21CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2635 OF 2021 IN FA/692/2019 GAYABAI DIGAMBAR PURI DIED THR LRS RANGNATH AND ORS

VERSUS

THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT, DIVISION SELU, THR JALNA IRRIGATION DIV. AND ORS ...

Advocate for Applicants : Mr. P. R. Katneshwarkar Advocate for Respondent no. 1: Ruturaj C. Patil ...

CORAM : ANIL S. KILOR, J.

DATE : 18-03-2021 ORDER :

1.

Present application has been moved by the claimants seeking permission to withdraw the interest accrued on the decreetal amount which was deposited in this court by the order dated 18-10-2019 in Civil Application No. 12187 of 2019.

2.

The learned counsel for the applicants - claimants submits that inadvertently, a request was not made as regards withdrawal of interest part of the amount when this Court permitted to withdraw the amount deposited. It is submitted that interest accrued on the said amount is lying in this court.

2 2635.21CA 3.

There is no doubt that the claimants are having right over the accrued interest on the decreetal amount deposited in this court. 4.

In that view of the matter, application is allowed. Applicants are permitted to withdraw the interest amount of Rs.2,14,591/-. 5.

Civil Application is disposed of.

[ ANIL S. KILOR ] JUDGE Vdk