Vidarbha Irrigation Devp. Corporation, Thr. Executive Engineer, Bembla Project Division, Yavatmal v. Yogiraj Pundlikrao Gopal (Since Dead) Through Lrs. Smt. Kalpana Yogiraj Gopal And Others

1 7-FA-1324-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO.1324 OF 2018 Vidharbha Irrigation Development Corporation, Thr. Executive Engineer, Bembla Project Division, Dist. Yavatmal vs.

Yogiraj Pundlikaro Gopal (Dead), Thr. LRs. Kalpana Yogiraj Gopal and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Smt. J. B. Kasat, Advocate for the appellant. Shri M. V. Bute, Advocate for respondent Nos. 1(i) to 1(iv). Smt. H. S. Dhande, AGP for respondent Nos. 2 and 3. CORAM : ABHAY J. MANTRI, J.

DATED : 06-08-2025 The respondent No.1 has filed pursis Stamp No.11/2024 dated 23/08/2024 stating that Advocate Shri M. V. Bute has engaged on her behalf. Hence, the appearance of Advocate Shri R. D. Hajare is discharged.

Civil Application (CAF) No.1671/2025 2.

The applicants-respondent Nos. 1(i) to (iv) have filed this application for permitting them to withdraw 50% of the amount deposited by the appellants, for which the learned Assistant Government Pleader for the appellant has objected. 3.

Having considered the reasons disclosed in the application and having gone through the impugned judgment, I do not find substance in the objection. As such, I deem it appropriate to grant 25% amount along with accrued interest thereon on furnishing the usual undertaking to the registry. 4.

In view of the same, the application is partly allowed.

2 7-FA-1324-18.odt 5.

The Registrar (Judicial) is directed to transmit 25% of the compensation amount, along with accrued interest, equally in proportion to the respective bank accounts of the legal heirs of respondent No.1, within six weeks on their furnishing the usual undertaking and bank details to the registry.

6. Accordingly, the application is disposed of. (ABHAY J. MANTRI, J.) Asmita