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Bombay High CourtCAF/2062/2025allowed

V.I.D.C. Thr. Its Exe. Engineer v. Abdul Jahir Abdul Aziz And 2 ORS

2025-08-13Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO 2062 OF 2025 IN FIRST APPEAL NO. 227 OF 2012 (V.I.D.C. thr its EE, Minor Irrigation Div No. 2, Chikhli, Buldhana Vs. Abdul Zahir Abdul Aziz and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. J.B. Kasat, Advocate for appellant.

Mr. R.B. Dhore, Advocate for respondent Nos. 1 and 2. CORAM : ABHAY J. MANTRI, J.

DATED : 13-08-2025 Heard.

2.

The applicants/respondent Nos. 1, 2(i) and 2(ii) have moved this application to permit them to withdraw the amount deposited by the appellant in the Court, for which learned counsel for the appellant has no objection, as the first appeal was dismissed on 08.05.2024.

3.

It appears that applicant No. 2(ii) has executed a power of attorney in favour of applicant No. 2(i) on 07.04.2025 and thereby authorised applicant No. 2(i) to collect the amount on her behalf. It also appears that applicant No. 2(ii) is the daughter of applicant No. 2(i). Having considered the same, it would be appropriate to permit the applicant No. 2(i) to collect the amount on behalf of applicant No. 2(ii).

4.

Having considered the reasons disclosed in the application, as well as no objection by learned counsel for appellant, the application is allowed.

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Registrar(J) is directed to transmit the amount to the share of applicants No. 1 and 2(i) in their respective bank accounts as per the award within six weeks on their furnishing bank account details to the Registry.

(ABHAY J. MANTRI, J.) Belkhede