Executive Engineer Minor Irrigation Division, Washim v. Shankar S/O Haribhau Deshmukh And Others

13caf1540.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 1540 OF 2020 IN FIRST APPEAL NO. 721 OF 2016 (Executive Engineer, Minor Irrigation Division, Washim Vs. Shri Shankar s/o Haribhau Deshmukh and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Ms. Meenal Patil, Advocate h/f Mrs. U.A. Patil, Advocate for the appellant.

Shri V.K. Paliwal, Advocate for respondent Nos.1 to 6, 8(a to d) and 9.

Shri A.P. Deshmukh, Advocate for respondent No.7. Ms. Shamsi Haidar, A.G.P. for respondent Nos.10 and 11. CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- SEPTEMBER 29, 2021.

Heard.

1.

The legal representatives of respondent No.7(a)/original claimant is seeking withdrawal of her share from the decretal amount.

2.

It is stated that Rs.15,00,000/- out of decretal amount of Rs.37,06,871/- have been withdrawn by respondent Nos.1 to 9 collectively through Shri Paliwal, learned counsel.

3.

Now, Shri Deshmukh, learned counsel appearing for the legal representatives of respondent No.7(a) is claiming his 1/14 share in the balance amount of Rs.22,06,871/-.

13caf1540.2020.odt 4.

Shri Paliwal, learned counsel on behalf of other respondents i.e. respondent Nos.1 to 6 and 8 (a to d) and 9 have no objection for permitting legal representatives of respondent No.7(a) for withdrawing his share of 1/14.

5.

Considering his submission, application is allowed. The legal representatives of respondent No.7(a) is permitted to withdraw 1/14 amount from Rs.22,06,871/- with proportionate accrued interest thereon.

6.

The application stands disposed of.

JUDGE *DB