Bombay High CourtCAF/382/2019admittedallwdgrantedrule absolute

Vidarbha Irrigation Devp. Corporation,Thr. Executive Engineer,Purna Medium Project Division,Achalpu v. Shri. Sahdeorao S/O. Bhagwantrao Ingole (Dead) Through Lrs. Smt. Suryakantabai Ingole And Others

2019-01-28Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

2801caf382.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.382/2019 IN FIRST APPEAL NO.1250/2016 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Purna Medium Project Division, Achalpur ...Versus...

Shri Sahdeorao s/o Bhagwantrao Ingole, since dead through L.Rs. Smt. Suryakantabai @ Kantabai Ingole 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 Vinay Dahat, Counsel for appellant Shri R.J. Shinde, Counsel for respondent nos.1 to 3/applicants Shri S.D. Sirpurkar, AGP for respondent nos.4 and 5 CORAM : ARUN D. UPADHYE, J.

DATE : 28/01/2019 Heard.

This is an application filed by the legal representatives of the respondent no.1 to withdraw the amount deposited by the appellant.

The learned Counsel for the applicants/legal representatives of the respondent no.1 has submitted that already permission was granted to the respondent no.1 for withdrawal of the amount deposited by the appellant. However, during the pendency of the appeal, the respondent

2801caf382.19.odt no.1 is reported to be dead and therefore, the legal representatives of the respondent no.1 be permitted to withdraw the said amount. The legal representatives of the respondent no.1 are already brought on record. Having heard the learned Counsel for the parties and having gone through the record, the applicants/legal representatives of the respondent no.1 could be permitted to withdraw the amount deposited by the appellant. Hence, I proceed to pass the following order.

O R D E R

(i) The civil application is allowed.

(ii) The applicants/respondent nos.1 (a) to 1 (e) are permitted to withdraw the amount deposited by the appellant, as per order dated 25/11/2016 passed by this Court, along with other respondents.

No order as to costs.

JUDGE Wadkar, P.S.