Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal And Another v. Rambhau M. Shahade (Dead) Thr. Lrs. Anjanabai R. Shahade (Dead) Sanjay Rambhau Shahade And Others

1 913 caf 1212-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1212/2023 IN FIRST APPEAL NO.303/2019 Vidarbha Irrigation Development Corporation, thr. Its Executive Engineer, Bembla Project Division, District Yavatmal Vs.

Rambhau Marotrao Shahade (dead) thr. Anjanabai Rambhau Shahde and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Mallika Babhulkar, Advocate h/f Shri M.A. Kadu, Advocate for appellant Shri A.B. Nakshane, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

25/07/ The present application is filed by respondent Nos.2 to 4 for withdrawal of amount. It is submitted that the house property of the present applicant of village Pahur had been acquired by the appellate for Bembla Project. The First Appeal came to be disposed of vide order dated 15/02/2019 and claimants were allowed to withdraw the amount of compensation in terms of judgment.

2.

Accordingly, pursis came to be filed by the appellant to which learned Counsel for respondents have no objection. In view of that pursis No.2/2023 dated 02/05/2023, amount of Rs.2,87,080/- for which respondent is entitled to receive whereas amount of Rs.31,228/- needs to be refunded to the appellant. In view thereof, application is allowed.

3.

The respondent Nos.2 to 4 are allowed to

2 913 caf 1212-2023 withdraw the amount of Rs.2,87,080/- along with accrued interest.

4.

The Nazir is directed to disburse the amount in the account of respondent No.3 who is holding power of attorney for respondent Nos.2 and 4 after due verification of power of attorney.

5.

The appellant is entitled for refund of Rs.31,228/- along with accrued interest.

6.

The Nazir is also directed to refund the same. 7.

The application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE