V.I.D.C. Thr. Exe. Engineer, Bembla Canal Division, Yavatamal (Now Bembla Irrigation Division) v. Bhaurao Ganpat Nagose (Dead) Thr. Lrs. Smt. Banabai Bhaurao Nagose And Others

2024:BHC-NAG:5127 1 31-FA No.1273.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1279 OF 2024 IN FIRST APPEAL NO. 1273 OF 2023 V.I.D.C., through Executive Engineer, Bembla Canal Division, Yavatmal .VS.

Bhaurao Ganpat Nagose (Dead) through L.Rs. and others ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs. A.S. Athalye, Advocate for appellant.

Mr. S.V. Ingole, Advocate for respondent Nos.1, 2(A) to 2(C), 3 and 4(A) to 4(E). Ms. Prachi Joshi, AGP for respondent Nos.5 and 6. CORAM : G.A. SANAP, J.

DATE : APRIL 29, 2024.

Heard.

2.

In view of the facts stated in the application, the application is allowed.

3.

The application is allowed. The respondent No.1, 2(A) to 2(C), 3 and 4(A) to 4(E) are allow to withdraw the amount of compensation with accrued interest deposited before the reference Court. The respondent No.4(B), being Power of Attorney to the remaining respondents, is permitted to withdraw the amount of compensation subject to usual undertaking.

2 31-FA No.1273.2023.odt FIRST APPEAL NO. 1273 OF 2023 1.

Heard.

2.

ADMIT.

3.

Mr. S.V. Ingole, learned Advocate waives service of notice for respondent No.1, 2(A) to 2(C), 3 and 4(A) to 4(E) and learned AGP waives service for respondent Nos.5 and 6. 4.

Learned Advocate for the appellant undertakes to file the Notes of evidence.

5.

Notes of evidence be filed within four weeks. 6.

Stand over after Summer Vacation.

(G. A. SANAP, J.) Kirtak