Vidc Thr. Exe. Eng. Upper Wardha Project, v. Shri. Radhakisan Jitmalji Agrawal And ORS

FA923-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.1961/2014 IN FAMILY APPEAL NO. 923/2014 (V.I.D.C., UPPER WARDHA PROJECT VERSUS RADHAKISAN HITMALJI AGRAWAL & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Parihar, counsel for the appellant. Shri R.M. Bhangde, counsel for the R-1.

Mrs.K.R. Deshpande, A.G.P. for the R-2, 3 & 4. CORAM : B.R. GAVAI AND MRS. MRIDULA BHATKAR, JJ.

DATE : JANUARY 13 , 2015 .

Taking into consideration that the appellant is 85 years old and further that the land is situated in Arvi town, we are inclined to partly allow the application by permitting the applicant to withdraw 50% of the amount deposited in the reference Court. The application is, therefore, partly allowed. The applicant is permitted to withdraw 50% of the amount deposited in the reference Court on the condition that the Power of Attorney Holder shall give a personal undertaking to this Court that in the event he is required to refund any amount, he would refund the same as specified by this Court.

The civil application is disposed of.

JUDGE JUDGE APTE