Baliram S/O Hattu Jadhao Banjari v. The State Of Maharashtra And Others

10.caf.769.22 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.769 of 2022 in First Appeal No.119 of 2020 (D) Baliram s/o Hattu Jadhao (Banjari) vs.

The State of Maharashtra & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. J.A. Malnas, Advocate for the Applicant/Appellant. Mr. M.A. Kadu, Advocate for the Non-Applicants/Respondents.

CORAM

: M.

S. KARNIK, J.

DATE : 18 th APRIL, .

This is an application of the appellant-Baliram s/o Hattu Jadhao (Banjari) for issuing necessary direction to the registry of this Court to disburse the amount as granted by this Court in the name of the appellant "Baliram Hattu Jadhao".

02] This Court vide its judgment dated 28/01/2020 granted enhanced compensation to the appellant and directed the respondents to deposit the compensation, which has since been deposited. Even an application for withdrawal of this amount has been allowed on 14/03/2022. The name of the appellant in the trial Court is mentioned as 'Baliram Hattu Banjari', whereas in the present appeal, the name of the appellant is indicated as "Baliram Hattu Jadhao Banjari". The record indicates that before the trial Court the surname "Jadhao" is not mentioned and instead "Banjari" is mentioned.

10.caf.769.22 2/2 03] According to the learned Counsel for the applicant, 'Banjari' is the caste of the appellant, whereas 'Jadhao' is his surname. A pursis was filed on 20/01/2020 before this Court for correcting the surname of the appellant and the reasons are mentioned therein.

04] The learned A.G.P. submits that it is for the registry to verify this aspect and after recording its satisfaction, further steps as regards disbursal in the correct name may be taken.

05] Considering the averments in the application, I am satisfied that the application deserves to be allowed. 06] Hence, the application is allowed in terms of prayer clause (a) subject to the appellant-Baliram Hattu Jadhao indemnifying to the satisfaction of the registry that in the event of any adverse claim is made, the amount of 3,31,797/- along with the interest accrued thereon ₹ shall be returned within the stipulated time period.

JUDGE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge