M. I. D. C. Through Its Chief Executive Officer, Amravati Head Office, Mumbai v. Motiram Lachiram Jadhav And Others
1 902fa130.05.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.130 OF 2005 [DECIDED] [Maharashtra Industrial Development Corporation .vs. Motiram Lachiram Jadhav (Dead) and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Naseeb Shaikh, Advocate holding for Shri M.M. Agnihotri, Advocate for appellant, Shri S.V. Ingole, Advocate for respondent no.1 (a), 1(b), 1(d) to 1(g) & 1(j) to 1 (k), Shri Jaykumar S. Wankhede, Advocate for respondent nos.1 (h) and 1 (i). ..........
C ORAM : SMT. M.S. JAWALKAR, J.
D ATE : 22/07/2022 .
Civil Application (CAF) No.1521/2022
Present
application is filed by applicants/respondent nos.1-a & 1-b to 1-d to 1-g and 1-j to 1-k for deletion of name of respondent no.1-c i.e. Manohar Motiram Jadhav.
In para 2 of the application, it is specifically averred that Manohar Motiram Jadhav is not the legal heir of deceased Motiram Lachiram Jadhav, but inadvertently his name has been taken on record as legal heir of Motiram Lachiram Jadhav. This fact is disclosed first time when parties approached for withdrawal of amount.
The application is supported by affidavit. The death certificate is placed on record along with
2 902fa130.05.odt copy of legal representatives certificate, wherein the name of Manohar Motiram Jadhav is not reflected as a legal heir of Motiram Lachiram Jadhav.
As such, the application is allowed.
Applicants are permitted to delete the name of respondent no.1-c i.e. Manohar Motiram Jadhav. The amendment to be carried out forthwith.
Civil Application is allowed and disposed of. Civil Application (CAF) No.1520/2022
Present
application is filed by applicants/respondent nos.1-a & 1-b to 1-d to 1-g and 1-j to 1-k for permission to withdraw the deceetal amount deposited by the appellant along with accrued interest.
The appeal came to be disposed of vide order dated 16.02.2017. The appellant has deposited the decreetal amount in this Court. In view of disposal of First Appeal No.130/2005 and confirmation of order of Section 54 of the Land Acquisition Act, 1894, there is no impediment in allowing the application for withdrawal of amount, as prayed for.
It appears that there is some error in the name of legal heir of Madhukar Motiram Jadhav. Leave is granted to correct the same. The applicants to carry out amendment during the course of the day. 1/8th share each will be disbursed in the account of respondent nos.1-a and 1-b, 1-d, 1-j and 1-k,
3 902fa130.05.odt who are the legal heirs of Motiram Lachiram Jadhav and 1/8th share in three equal shares will be disbursed in the account of respondent nos.1-e to 1-g, who are the legal heirs of Madhukar Motiram Jadhav, after verifying the bank details.
Civil Application is allowed and disposed of. Civil Application (CAF) No.1562/2022 Present application is filed by respondent nos.1-h to 1-i for withdrawal of decreetal amount. For the reasons stated in the application, there is no impediment in allowing this application. Registry is directed to disburse 1/8th equal share in the account of respondent nos.1-h to 1-i along with accrued interest, after verifying the bank details. Civil Application is allowed and disposed of. [Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur