Ramdas Tulshiram Nhavi (Died) Thr Lrs Janabai (Died) (Deleted As Per Leave Of Court) Chango And ANR v. The Ex. Engineer, Minor Irrigation Division, Jalgaon And ORS

{1} 7-CA-5387-2021

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5387 OF 2021 IN FIRST APPEAL NO. 1706 OF 2020 RAMDAS TULSHIRAM NHAVI (DIED) THR LRS JANABAI (DIED) (RT) CHANGO AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION JALGAON AND OTHERS ...

Advocate for Applicants : Mr. V.P. Patil Advocate for Respondent No.1 : Mr. A.D. Pawar AGP for Respondent Nos.3 and 4 : Mr. P.M. Kulkarni ....

CORAM : S.G. DIGE, J.

DATE : 25th July, 2022 ORDER :

.

Heard learned Counsel for applicants, learned A.G.P. for respondent Nos.3 and 4 and learned Counsel for respondent No.1.

2.

Learned Counsel for applicants submit that, this Court has permitted the applicants alongwith legal heirs of Supdabai Kashinath Wagh to withdraw the amount but legal heirs of deceased Supdabai Kashinath Wagh are not Pooja K.

{2} 7-CA-5387-2021 ready to come with applicants for withdrawal of amount. Hence, requested to allow the applicant Nos.2 and 3 to withdraw the amount as per their share.

3.

Learned Counsel for respondent No.1 submits that, Court may pass appropriate orders.

4.

Considering the submissions of learned Counsel as well as reasons mentioned in the application, application is allowed in terms of prayer clause 'B'.

5.

Learned Counsel for applicants submits that, he is holding for the respondents in First Appeal. The remaining deposited amount is of respondents hence, respondents may also be permitted to withdraw the amount as per their share.

6.

Permission granted.

7.

The Civil Application is disposed of.

[S.G. DIGE, J.] Pooja K.