The State Of Maharashtra, Thr. Collector, Nagpur And 2 Others v. Shri Dadaji Kashinath Mahakulkar (Dead) Thr. Lrs. Smt. Sulochana Wd/O Dadaji Mahakulkar And Others

11caf429.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 429/2023 IN FIRST APPEAL No.27/2016 The State Of Maharashtra, Thr. Collector, Nagpur And 2 Others Vs Shri Dadaji Kashinath Mahakulkar (D) Thr. Lrs. Smt. Sulochana Wd/O Dadaji Mahakulkar And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. M.A. Kadu, AGP for the State/Appellant.

Ms Rajkumari Rai, Advocate for the respondent Nos. 1 to 8. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 16/02/ 3.

1.

Heard.

2.

By this application, the respondents are seeking permission to withdraw the amount of Rs. 27,90,722/- through respondent No.4, who is the Power of Attorney holder.

3.

In view of the earlier order dated 01/07/2022, the respondents are already permitted to withdraw the amount. However, the respondent No. 1 is old age and respondent Nos. 5 to 8 are sisters and brother residing at various places. Therefore, it is difficult for them to present before the Registrar for verification and for withdrawal of the amount.

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11caf429.2023.odt 4.

Considering the reasons mentioned in the application as respondents are already permitted to withdraw the amount. Now, special power of attorney is filed on record, which is verified.

5.

In view of that, respondent No.4 is permitted to withdraw the amount on behalf of the respondents. After withdrawal of the amount, the respondent No.4 shall place affidavit on record to the effect that he has disbursed the share to all the respondents respectively. Civil application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn