The Executive Engineer, Lower Wardha Project Division, Wardha v. Shri. Sunil S/O. Krushnarao Bhange And Others

907caf941.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 941/2019 IN FIRST APPEAL NO. 57/2016 (DECIDED) The Executive Engineer, Lower Wardha Project Division, V.I.D.C., Wardha. V/s Sunil s/o Krishnarao Bhange and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P.B. Patil, counsel for the appellant.

Shri S.D. Chopde, counsel for the respondent No.1. Shri Vivek Awachat, counsel for the respondent No.3. Shri S.D. Sirpurkar, AGP for the respondent Nos. 5 and 6. CORAM: ARUN D. UPADHYE , J.

DATE: 27-02-2019.

Heard learned counsel for the respondent No.3. Perused the application. It appears that vide order dated 03/02/2017 passed in Civil Application No. 218/2017, the respondent No.3 was permitted to withdraw 1⁄4th amount of the compensation deposited by the appellant.

In view of the said order, no separate order is necessary in this application.

CIVIL APPLICATION (CAF) NO. 576/2019.

Heard learned counsel for the respondent No.1. Perused the application. Already order is passed in Civil Application No. 218/2017. The fact of Will is disputed.

907caf941.19.odt 2 In view of the same, the respondent No.1 cannot be permitted to withdraw the amount of share of deceased respondent No.4. Civil application is rejected. The respondent No. 1 is at liberty to file appropriate proceedings in accordance with law.

JUDGE rkn