Saraswatibai W/O Bhaurao Bhalerao (Dead) Thr. Lrs. Amrutrao S/O Bhaurao Bhalerao And Another v. The State Of Maharashtra, Thr. Collector, Yavatmal And Another

22-CAF-503-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 503 OF 2023 I N FIRST APPEAL NO. 730 OF 2019 (Saraswatibai w/o Bhaurao Bhalerao (dead) thr. LR Amrutrao s/o Bhaurao Bhalerao (dead) thr. LRs Smt. Sarla Amrutrao Bhalerao & Ors. & Anr. Vs. The State of Maharashtra & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri R.J. Shinde, Advocate for the applicants/ appellants. Ms. T.H. Udeshi, Assistant Government Pleader for the respondents/ State.

.....

CORAM : URMILA JOSHI - PHALKE, J.

FEBRUARY 23, 2023.

In prayer Clause (i) it is incorrectly mentioned that appellant No.2 be permitted to withdraw the amount on behalf of all the appellants. In fact, Shri Pramod Amrutrao Bhalerao is the legal heir of appellant No.1 and added as party as appellant No. 1-c. 2] Leave is granted to correct the prayer Clause (i).

3] By this application, the applicants/ appellants are seeking permission for withdrawal of the compensation amount through Shri Dadarao Bhaurao Bhalerao - appellant No.2, who is the power of attorney holder. The First Appeal is already allowed by this Court vide judgment dated 18/9/2019. The application is supported by the Special Power of Attorney.

4] In view of the reasons mentioned in the application, appellant No.2 is permitted to withdraw the

22-CAF-503-2023 amount of compensation on behalf of all the appellants. The amount be disbursed on due identification and verification. After withdrawal of the amount, appellant No.2 shall place an affidavit on record indicating that the respective shares of all the appellants are disbursed to them.

5] The Civil Application is allowed and disposed of.

(JUDGE) Sumit AGRAWAL