Ashok Bhimrao Kharajge And ORS v. The Ex. Engineer, Minor Irrigation Div. Latur Thr Gmidc, Aurangabad And ORS

9818.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CIVIL APPLICATION NO.9818 OF 2022 IN FIRST APPEAL NO.370 OF 2018 ASHOK BHIMRAO KHARAJGE & OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR & OTHERS ...

Advocate for the applicants : Mr.S.S.Halkude AGP for Respondent-State : Mrs.D.S.Jape Advocate for Respondent no.1 : Mr.S.G.Bhalerao ...

CORAM : S.G.DIGE, J.

DATE : 18.07.2022 P.C. :

1] Heard the learned counsel for the applicants and the learned counsel for the respondents. The learned counsel for the applicants submits that applicant no.12, namely, Shivaji Trimbak Sontakke is died after disposal of the First Appeal. The amount deposited before this Court is necessary to withdraw the amount. The heirs and legal representatives of the deceased have taken heirship certificate from the Competent Court, hence, permission may be given to the heirs and legal representatives of the deceased to withdraw the deposited amount.

2] I have heard both learned counsel. The appeal is already disposed of by this Court, by order dated 10th

9818.22CA January, 2019. After disposing of the First Appeal, respondent no.12 is died. The applicants are claiming heirs and legal representatives of the deceased. They have obtained certificate from the Competent Court, hence, they can be permitted to withdraw the amount deposited before this Court and I pass the following order :-

ORDER

i] Civil Application is allowed. The applicants are permitted to withdraw the amount deposited before this Court.

ii] The learned Registrar [Judicial] shall verify the heirship certificate.

iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC