The Executive Engineer, Minor Irrigation Division, V. I. D. C., Washim v. Ghanu Raibhan Goree, Gunaji Raibhan Gore And 2 Others

4 caf1488.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 1488 OF 2021 IN FIRST APPEAL NO. 459 OF 2016 Executive Engineer, Minor Irrigation Division, V.I.D.C. Washim Vs. Ghanu Raibhan Gore and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Smt. Ujjwala A. Patil, Advocate for appellant. Shri A.B. Darekar, Advocate for respondent no.1/applicant. Ms H.N. Jaipurkar, A.G.P. for respondent nos.2 and 3. CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 27 th AUGUST, 2021.

Heard.

2.

By this application, the applicants legal heirs of respondent no.1 are seeking permission to withdraw the amount deposited by the appellant.

3.

It is stated that the appellant/V.I.D.C. has withdrawn First Appeal No.459 of 2016 in the Lok-Adalat held on 08.12.2018. Before releasing the balance amount of compensation in favour of the claimant/respondent no.1, the claimant died on 07.08.2019 and therefore the legal heirs, by way of this application, are seeking permission to withdraw balance amount of compensation with accrued interest thereon.

4.

Considering the reasons mentioned in the application, the application is allowed.

4 caf1488.21.odt 5.

Upon furnishing bank account details by applicant no.3 - Gajanan Gunaji Gore, Registry is directed to transfer the balance amount of compensation along with accrued interest thereon in favour of applicant no.3 - Gajanan Gunaji Gore on his behalf and on behalf of applicant nos.1 and 2, within a period of two weeks.

6.

The application stands disposed of.

JUDGE Wagh