Bombay High CourtCAF/1289/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Thro. Exe. Engineer, Bembla Project Division, Yavatmal v. Sahebrao Pundalikrao Nagpure (Dead), Thr. Lrs. Sau. Leelabai Sahdebrao Nagpure And Others

2018-04-19Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf1289.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NOS.1289/2018 AND 1290/2018 IN FIRST APPEAL NO.642/2017 (D) Vidarbha Irrigation Development Corporation, Executive Engineer, Bembla Project Division, Yavatmal ..Vs..

Shri Sahebrao Pundlikrao Nagpure through L.Rs. Leelabai Sahebrao Nagpure and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 19.4.2018.

Heard Shri D.A. Sonwane, Advocate for respondent No.3(D), Shri Alok Daga, Advocate for respondent No.3(E), Shri R.S. Nagpure, Advocate for respondent Nos.1(A) to 1(D), 2(A) to 2(D) and 3(A) to 3(C).

By order dated 21st August, 2017 this Court permitted respondent Nos.1(A) to 1(D) to withdraw 1/3rd of the amount deposited by the appellant, permitted the respondent Nos.2(A) to 2(D) to withdraw 1/3rd of the amount deposited by the appellant and permitted the respondent Nos.3(A) to 3(E) to withdraw 1/3rd of the amount deposited by the appellant. Now these two applications are filed by respondent Nos.3(D) and 3(E) praying that the amount which falls to their share be separately disbursed to them.

Out of the amount deposited by the appellant

2 caf1289.18 1/3rd amount be given to respondent Nos.1(A) to 1(D) jointly and 1/3rd amount be given to respondent Nos.2(A) to 2(D) jointly.

Out of the remaining 1/3rd amount receivable by respondent Nos.3(A) to 3(E) jointly, 1/5th amount be given to respondent No.3(D) and 1/5th amount be given to respondent No.3(E). The balance amount out of this 1/3rd amount, be given to respondent Nos.3(A) to 3(C) jointly. Civil applications are allowed accordingly. No costs.

JUDGE Tambaskar.