Indubai Jalindhar Nare v. Godavari Marathwada Irrigation Development Corporation Through Its Ex Engineer Latur And Others

1 ca 10229.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10229 OF 2015 IN FIRST APPEAL NO. 1559 OF 2015 Indubai Jalindhar Nare .. Applicant

Versus

Godavari Marathwada Irrigation Dev.

Corporation through its Ex. Engineer Latur and others .. Respondents Shri S. N. Lale Yelwatkar, Advocate for the Applicant. Shri S. G. Sangle, Advocate for the Respondent No. 1. Shri P. P. More, A.G.P. for the Respondent No. 2. Mrs. P. G. Sontakke, Advocate for Respondent Nos. 3 and 4. CORAM : S. V. GANGAPURWALA, J.

DATE : 28TH AUGUST, 2015.

PER COURT :

.

The learned counsel for the applicant submits that, the Civil Court has determined the shares and the present applicant has been granted 1/5 share as per judgment and decree in R.C.S. No. 15 of 2006. The learned counsel for the non applicants states that, the applicant has to move the Collector for apportionment. 2.

As the Civil Court has already determined the rights and the amount is deposited in this Court, application of the

2 ca 10229.15 applicant deserves to be considered. As such the application is allowed in terms of prayer clause "B". The civil application is disposed of.

[ S. V. GANGAPURWALA, J. ] bsb/Aug. 15