Vidarbha Irrigation Development Corpn.Thr.Ex.Engnr.Bembla Project, Yavatmal v. Dnyanoba Tukaram Jawade (Dead) Through L.Rs. Hansaraj S/O Dnyanoba Jawade And Others

(1) 32.cao.28.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.28 OF 2023 IN CROSS OBJECTION NO.11 OF 2015 IN FIRST APPEAL NO.53 OF 2011(D) Vidarbha Irrigation Develolpment Corporation, through its Executive Engineer, Bembala Project Division, Yavatmal Vs.

Dnyanoba Tukaram Jawade (Dead) through his LRs. 1.(i) Hansaraj s/o Dnyanoba Jawade (dead) through his LRs. 1.(i)A. Smt. Ratnamala wd/o Hansraj Jawade and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri. A. B. Patil, Advocate for appellant.

Shri. S. V. Ingole, Advocate for respondent/Cross-objector Nos.1(i)A to 1(iv). Ms. T. Udeshi, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 24/01/2023 1.

By this application, original claimants are seeking withdrawal of the amount along with the accrued interest thereon.

2.

The First Appeal is already dismissed by judgment dated 23.7.2021. By this application, original claimants further seeks permission for withdrawing amount through respondent Nos.1(ii) Ghanshyam s/o Dnyanoba Jawade on behalf of all the claimants. In support of the application, copy of Special Power of Attorney is also filed on record. All the other claimants

(2) 32.cao.28.2023 consented to withdraw the compensation amount by Ghanshyam s/o Dnyanoba Jawade.

3.

In view of the reasons mentioned in the application, and in view of Power of Attorney executed by the rest of the respondents in favour of Ghanshyam s/o Dnyanoba Jawade. Said Ghanshyam s/o Dnyanoba Jawade is permitted to withdraw the amount on behalf of all other claimants.

4.

Amount be disbursed on due identification and verification.

5.

Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 19:25