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Bombay High CourtCAF/116/2023ca disposed off

Vidc Thr. The Exe. Engineer, Nimn Painganga Project, Yavatmal v. Sham Uttamrao Babhulkar (Minor) Thr. His Guardian Resp. No. 2 And Others

2023-01-19Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 28.caf.116.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.116 OF 2023 IN FIRST APPEAL NO.615 OF 2021 Vidarbha Irrigation Development Corporation through Executive Engineer, Nimn Painganga Project Division Yavatmal Vs.

Sham s/o Uttamrao Babhulkar and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. H. D. Marathe, Advocate for appellant.

Mr. S. V. Ingole, Advocate for the respondent nos.1 and 2. Mr. M. A. Kadu, AGP for respondent Nos.3 and 4. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 19/01/2023 1.

By this application respondent Nos.1 and 2 original claimants are seeking withdrawal of the amount. 2.

The appellant acquiring body has deposited the entire decreetal amount of Rs.3,53,308/-. It is contended by the respondent Nos.1 and 2 that they are facing the acute financial problem and they are in need of amount of compensation. Their lands are already acquired.

3.

Said application is opposed by the appellant. 4.

Considering small amount is deposited and respondent Nos.1 and 2 are in need of money for their day-to-day expenses, application deserves to be allowed. 5.

In view of the reasons mentioned in the application, respondent Nos.1 and 2 are permitted to

(2) 28.caf.116.2023 withdraw the amount on furnishing usual undertaking. 6.

Amount be disbursed on due identification and verification 7.

Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:48