Chima Kashiba Dhumal Since Dead Thr Lrs Raghunath Chima Dhumal And ORS v. The Executive Engineer Urdhva Pravara Canal Division, Sangamner And ANR

14454.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 CIVIL APPLICATION NO.14454 OF 2022 IN FIRST APPEAL NO.3261 OF 2018 CHIMA KASHIBA DHUMAL SINCE DEAD THROUGH L.Rs.RAGHUNATH CHIMA DHUMAL & OTHERS

VERSUS

THE EXECUTIVE ENGINEER, URDHVA PRAVARA CANAL DIVISION,SANGAMNER & ANOTHER ...

Advocate for the applicants : Mr.V.Y.Bhide AGP for Respondent-State : Mr.S.N.Morampalle Advocate for Respondent no.1 : Mr.S.C.Arora ...

CORAM : S.G.DIGE, J.

DATE : 19.10.2022 P.C. :

1] Heard the learned counsel for the applicants, learned counsel for respondent no.1 and the learned AGP for the respondent-State.

2] The learned counsel for the applicants submits that appeal is already disposed. The amount is deposited by respondent no.1 before this Court is of Rs.33,77,406/-. Out of the said amount, the applicants be permitted to withdraw Rs.30,23,716/- along with accrued interest thereon.

3] The learned counsel for the respondents have no objection for it.

14454.22CA 4] Considering the submissions of all learned counsel and the reasons mentioned in the application, the application is allowed. The applicants are permitted to withdraw Rs.30,23,716/- along with accrued interest thereon. The rest amount be refunded to respondent no.1 along with accrued interest thereon.

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