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Bombay High CourtCA/1204/2025admittedallowedgrantedrule absolute

Ramesh Yeshwantrao Bhalerao (Died) Thr. Lrs Vinita Ashitosh Gune And ORS v. Godavari Marathwada Irrigation Development Corporation (Gmidc) Through The Ex-Engineer

2025-03-21Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:8645 1 ca 1204.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1204 OF 2025 IN FIRST APPEAL NO. 327 OF 2010 Ramesh Yeshwantrao Bhalerao Since deceased through L.Rs.

Vinita Ashutosh Gune and others .. Applicants

Versus

Godavari Marathwada Irrigation Development Corporation through themselves Executive Engineer .. Respondent Shri Parag V. Barde, Advocate for the Applicants. CORAM : SHAILESH P. BRAHME, J.

DATE : 21ST MARCH, 2025.

ORDER :

.

Heard learned counsel Mr. Barde for the applicants. None present for the respondent.

2.

This application is filed in disposed of first appeal because of the difficulty faced by the applicants in receiving the amount. The matter was settled in Lok Adalat vide order dated 27.07.2024. Accordingly, the applicants are entitled to receive the amount with accrued interest lying in this Court. Two of them died and remaining two are aged. It is expected of the applicants to have a joint account so as to receive the amount with accrued interest, which is impossible.

2 ca 1204.25 3.

Applicants are entitled to receive amount with accrued interest equally. They have furnished details of the bank accounts vide Annexure C - 5. I do not find that there is any impediment in not disbursing four distinct cheques in the name of the persons and in the accounts disclosed in Annexure - C - 5. 4.

In that view of the matter, I pass following order. 5.

The civil application is allowed in terms of prayer clause 'B'. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/March 25