Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Yavatmal v. Rambhau Zapraji Pardakhe (Abated) (Dead) And 3 Others

5caf623.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAF) NO. 623/2023 IN FIRST APPEAL NO. 518/2015 (D) VIDC, Through Its Executive Engineer, Yavatmal Vs Rambhau Zapraji Pardakhe (Abated) And 3 Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr R.J. Shinde, Advocate h/f Mr Amol Patil advocate for the appellant. Mr A.B. Nakshane, Advocate for the respondent No.2. Mr M.A. Kadu, AGP for the respondent Nos. 3 and 4. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 03 /0 3 / 202 3.

1.

Heard.

2.

By this application, respondent No.2 is praying for the withdrawal of the amount.

3.

As per the contention of respondent No.2, he is entitled to receive the amount of Rs. 8,17,193/- along with accrued interest out of the death amount of Rs. 10,36,621/-. The rest of the amount is to be refunded to the appellant. The appeal is already disposed of by allowing him partly.

4.

It is submitted by Mr. A.B. Nakshane that respondent No.1 is dead. Respondent No.2 is the only legal heir of respondent No.1.

5.

In view of the reasons mentioned in the application, as the appeal is already disposed of, respondent No.2 is rkn

5caf623.2023.odt permitted to withdraw the amount of Rs. 8,17,193/- along with accrued interest on due verification and identification of the Registrar (Judicial).

6.

The balance amount of Rs. 2,19,508/- be refunded to the appellant.

Civil Application (CAF) 623/2023 is disposed of. JUDGE Signed By:RAJESH K NANDURKAR rkn