V.I.D.C. Thr. Exe. Engineer, Canal Division, Amravati v. Sau. Chandabai Radhesham Jaiswal And Others

25-fa-406-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1971 OF 2021 IN FIRST APPEAL NO. 406 OF 2021 Vidarbha Irrigation Development Corporation & Anr. Vs. Chandabai Jaiswal & Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.A. Kadu, Advocate for the appellants Mr. S. S. Shingane, Advocate for the respondent No.1 CORAM : V.M.DESHPANDE, J.

DATE :

21st OCTOBER, 2021.

This is an application seeking withdrawal of the amount deposited by the appellants.

2.

In pursuance to the order passed by this Court on 03/05/2021, the appellants had deposited the entire decretal amount i.e. Rs.98,06,782/-.

3.

Mr. S.S. Shingane, learned counsel for the claimant submitted that the entire amount deposited by the appellants is required by the respondent for the reason that her grand-daughters Aishwarya Sudhir Jaiswal and Laxmi Sudhir Jaiswal are appearing in the NEET examination and they will be requiring money. It is not in dispute that parents of Aishwarya and Laxmi are there and they are having their own means in their life.

25-fa-406-2021.odt 4.

In that view of the matter, surely initial burden to give a proper education to their daughters is their parents. In my view, the respondent / applicant will be entitled to receive 25% of the amount deposited by the appellants since her land admeasuring 0.62 HR stands acquired. 5.

Hence, the application is disposed of with a direction to the Registry that the Registry shall permit respondent Sau. Chandabai Radhesham Jaiswal to withdraw 25% of the entire amount deposited by the appellants in this Court. 50% of that 25% shall be allowed to be withdrawn by giving security and remaining 50% of 25% shall be allowed to be withdrawn by usual undertaking. 6.

The application is disposed of.

JUDGE MP Deshpande