Chief Gen Manager, Wcl v. Bapurao Umrao Landage And 2 ORS

901.caf.1972.19 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 1972 OF 2019 IN FIRST APPEAL NO. 786 OF 2006 (Chief General Manager WCL, Nagpur V/s Bapurao Umaro Landge & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. C. S. Samudra, Advocate for Appellant.

Mr. S. P. Kshirsagar, Advocate for Respondent No.1. Mrs. M. A. Barabde, AGP for Respondent Nos.2 and 3 - State.

------- CORAM : MRS. SWAPNA JOSHI, J.

DATE : APRIL 30, 2019.

P.C.

.

The Applicants - Respondents have filed Application for withdrawal of amount in the name of Applicant No.1 - Respondent No.1, who is one of the legal heirs of deceased Respondent No.1 - Bapurao Umrao Landge.

2.

The Applicant No.1 is special power of attorney holder of Applicant Nos.3 to 7 who have authorized the Applicant No.1 to withdraw the decreetal amount with regard to the acquisition of land, deposited in Fixed Deposit (FDR).

Yadav VG 1/2

901.caf.1972.19 3.

First Appeal No. 786 of 2006 was dismissed by this Court (Coram : A. S. Chandurkar, J.) on 2nd May 2016. The Respondents have already withdrawn 50% of the compensation amount.

4.

Heard learned Counsel appearing for the respective parties.

5.

Having considered the Judgment passed by this Court on 2nd May 2016 and the grounds of Appeal mentioned therein, I am of the view that the amount deposited in this Court can be allowed to be withdrawn by the Applicant No.1 who is power of attorney holder of the Applicant Nos.3 to 7. The learned Counsel for the other side have no objection for the same.

6.

In view of the above facts and circumstances, following order is passed.

ORDER

(A) The Applicant No.1 is permitted to withdraw the decreetal amount on behalf of Applicant Nos.3 to 7 deposited in this Court.

(B) Civil Application stands disposed of accordingly. (MRS. SWAPNA JOSHI, J.) Yadav VG 2/2