Baburao Bhivaji Kendre And ANR v. The Executive Engineer, Latur Minor Irrigation Latur Div. Latur And ANR

920- C.A. 2902-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2902 OF 2021 BABURAO BHIVAJI KENDRE AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION LATUR DIVISION LATUR AND ANOTHER .....

Advocate for the Applicant : Mr.A.S. Deshpande AGP for Respondent State : Mrs. D. S. Jape ....

CORAM : S. G. DIGE, J.

DATE : 14.07.2022 PER COURT :- Heard learned counsel for the applicants and learned counsel for respondent No.1 and learned AGP for respondent No.2 and learned counsel for intervenor.

2.

Learned counsel for the applicants submits that respondent No.1 has deposited 50% amount out of total amount, hence direction be given to the respondent No.1 to deposit remaining 50% amount and allowed the applicant to withdraw his share amount out of 50% deposited amount. 3.

Learned counsel for interveneor submits that intervenors are the daughters of the applicants and suit is

920- C.A. 2902-2021.odt decreed in their favour. They are also entitled for the share. 4.

Learned counsel for the applicants submits that applicant be allowed to withdraw his share i.e. 1/3 amount out of deposited amount. Considering submissions of all learned counsel the applicant is permitted to withdraw amount of his share out of deposited 50% amount by giving undertaking. ( S.G. DIGE,) JUDGE ysk