M. I. D. C. Through Its Chief Executive Officer, Amravati v. Bhagwan Laxman Itkare (Deleted) And Others

4caf1781.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NOS. 1781/2022 AND 1782/2022 IN F IRST APPEAL NO.

107/2006 (DECIDED) The MIDC,Amravati Vs Bhagwan Laxman Itkare And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Najeeb Sheikh, counsel h/f Mr M.M. Agnihotri, counsel for the applicant/appellant.

Mr S.V.Ingole, counsel for the respondent Nos. 4 and 5. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/04/ 3.

1.

Heard.

2..

The present appeal is filed for seeking permission to withdraw the deposited decretal amount along with interest accrued thereon.

3.

As per the contention of the respondents appeal is partly allowed and disposed of. Respondents have further filed an application bearing No. 1782/2022 for deleting the name of respondent Nos. 2 and 3. As per the contention of the respondents, respondent No.2-Baburao Laxman Itkare is missing since 2011 and respondent No.3 is dead therefore, their names to be deleted.

4.

Admittedly, respondents have not filed any proceedings to declare respondent No.2 as a dead, unless and until he is declared dead. His name cannot be deleted. rkn

4caf1781.2022.odt Therefore, the prayer of the respondents to delete the name of respondent No.2 deserves to be rejected, at this stage. 5.

So far as respondent No.3 is concerned, his death certificate is on record. In view of that, the name of respondent No.3 is permitted to be deleted.

6.

Considering the appeal is already disposed of by reserving the share of respondent No.2, the rest of the amount of compensation along with the accrued interest be disbursed to respondent Nos. 4 and 5.

7.

In view of that, Civil Application No. 1782/2022 is partly allowed and Civil Application No. 1781/2022 is disposed of.

JUDGE rkn