The Executive Engineer, Upper Painganga Project Div. 2, Umarkhed And Others v. Avdhut Gangadhar Shewalkar (Died) Thr. Lrs. Smt. Kamlabai Avdhut Shewalkar And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2190 OF 2024 IN FIRST APPEAL NO.1236 OF 2023 The Executive Engineer, Upper Painganga Project Division Umarkhed, Yavatmal .Vs. Avdhut Gangadhar Shewalkar(Dead) through LRs. and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.R. Joharapurkar, Advocate for appellants. Shri Anuj Patil, Advocate for the respondent Nos.1 to 3. Shri P.P. Pendke, A.G.P. for respondent Nos.4 and 5/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 23/08/2024 1.

This an application for permission to withdraw compensation amount of Rs.46,10,745/- deposited by the appellants.

2.

Heard learned advocates for both side.

3.

Considering peculiar facts, it would be appropriate to partly allow the application.

4.

The applicants-respondent Nos.1 to 3 is allowed to withdraw 50% of the amount along with equal shares deposited by the appellants in this Court on usual undertaking.

5.

The Registry is directed to pay 50% of the amount to the applicants-respondent Nos.1 to 3 along with interest accrued thereon as above.

FIRST APPEAL NO.1215 OF 2023 6.

Stand over after six weeks.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate