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Bombay High CourtCAF/1916/2023allowed

V. I. D. C. Through Its Executive Engineer, Minor Irrigation Division, Wardha v. Vasantrao Ramji Ghoo (Dead) Girish S/O Vasantrao Ghoho And Others

2023-07-14Hon'Ble Smt. Justice M. S. Jawalkar2 pages

908-CAF 561-23 in FA 326-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 561 OF 2023 IN FIRST APPEAL NO. 326 OF 2023 V. I. D. C. THR. ITS EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, WARDHA ...VERSUS...

VASANTRAO RAMJI GOHO (DEAD) 1) GIRISH S/O. VASANTRAO GOHO AND ORS. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Ashwini Bhagat Advocate h/f. Shri U.A.gosavi, Advocate for appellant. Shri C.R.Najbile, Advocate for respondent nos. 1 to 5.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JULY , 2023 It is informed by learned counsel for the appellant that the total decreetal amount along with accrued interest is deposited before learned Reference Court. As such, the order passed on 12/04/2023 is hereby confirmed.

CIVIL APPLICATION (CAF) NO. 1916 OF 2023 The present application is filed by the respondent nos. 1 to 5/applicants for grant of permission to withdraw the amount of compensation.

2.

It appears that in similar matter, 50% of the amount was allowed to withdraw to the claimants. As such, there is no impediment in allowing the present application partly. Hence, the applicants/claimants are allowed to withdraw 50% of the amount of compensation along with accrued interest, on furnishing usual undertaking.

908-CAF 561-23 in FA 326-23 3.

Learned Reference Court i.e. Jt. Civil Judge, Senior Division, Wardha to disburse 50% of the amount of compensation along with accrued interest in favour of the respondent nos. 1 to 5/ claimants, on furnishing usual undertaking.

4.

Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar