V. I. D. C. Through Executive Engineer, Bembla Irrigation Div. Yavatmal (Bembla Project Canal Div.) v. Champat Govind Todase (Dead) Through Lrs. Girjabai Champat Todase And Others

31CAF 1655.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 1655 OF 2021 IN FIRST APPEAL NO. 254 OF 2020 (Vidarbha Irrigation Development Corporation & Anr. Vs. Champat Govind Todase (dead) thr. & Ors. & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms. A.S. Athalye, Advocate for the appellants. Shri S.V. Ingole, Advocate for the applicants/ respondent Nos.1 to 3.

Mrs. M.H. Deshmukh, A.G.P. for respondent Nos.4 and 5.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 26, 2021.

Heard.

2] This is an application seeking permission for withdrawal of the decreetal amount deposited by the appellants.

3] It is prayed that respondent No.2 may be permitted to withdraw his share along with the share of respondent Nos.1 and 3 jointly as respondent Nos.1 and 3 have executed power of attorney in favour of respondent No.2.

4] For the reasons mentioned in the application, prayer is allowed. Respondent No.2 is permitted to withdraw 75% of the decreetal amount

31CAF 1655.2021 (Rs.1,45,393/-) along with interest accrued thereon, on his behalf as well as on behalf of respondent Nos.1 and 3, on furnishing usual undertaking before the Registrar (Judicial).

5] Civil Application stands disposed of.

JUDGE Sumit