Bombay High CourtCAF/1442/2019ca disposed off

The Executive Engineer, Minor Irrigation Division, Vidc Development Corporation Chandrapur v. Punjaram Vithoba Pimpalshende, Since Deceased, Through Lrs Dayamanti Punjaram Pimpalshende And Othe

2019-11-27Hon'Ble Shri Justice Vinay Joshi2 pages

1 CAF1442

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1442 OF 2019 IN FIRST APPEAL NO. 251 OF 2016 (D) The Executive Engineer, Minor Irrigation Division, V.I.D.C., Chandrapur. ..vs..

Punjaram Vithoba Pimpalshende (dead) 1] Dayamanti Punjaram Pimpalshende and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Kirti Satpute, Adv. for applicant/respondent nos. 1, 3 and 4. Ms. T. Udeshi, A.G.P. for respondent no. 5.

CORAM : VINAY JOSHI, J.

DATED : 27 th NOVEMBER, 2019 Heard.

This is an application for seeking permission to withdraw the compensation amount. It is submitted that the appeal filed by the acquiring body is already dismissed by this Court vide order dated 02.05.2018 passed in Civil Application no. 1284 of 2018. It reveals from the said order that since the controversy was covered in connected appeal, this Court has dismissed the existing appeal. In view of that, nothing remain, hence, respondents are legitimately entitle for refund of amount. It is brought to my notice that, respondent no. 2 is not co-operating for withdrawal.

This Court vide order dated 12.06.2019 has directed to credit the compensation amount in the joint account of respondent nos. 1 to 4. Since the respondent

2 CAF1442 no. 2 is not co-operating, the joint account cannot be opened.

Having regard to the said fact, this Court vide order dated 12.06.2019 itself has issued fresh notice to respondent no. 2, but despite service of notice twice, he is not coming forward. In view of that, respondent nos. 1, 3 and 4 are permitted to withdraw the compensation amount of their share.

Civil Application stands disposed accordingly. JUDGE Trupti