Mah. Ind. Devlp. Corp. Thr. Its Chief Exe. Off. v. Sakharam Hiraman Bali And ORS.
caf 1111.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1111 OF 2019 with FIRST APPEAL (FA) NO. 177 OF 2005 (D) [Maharashtra Industrial Development Corporation Vs. Sakharam Hiraman Bali and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri S. Thakre, Advocate for the appellant Shri S. V. Ingole, Adfocate for respondent nos. 1 to 7 Mrs. H. N. Prabhu, AGP for respondent nos. 8 and 9 Shri V. N. Patre, Advocate for the interveners. CORAM : M. G. GIRATKAR, J.
DATE : 20/08/2019 FIRST APPEAL (FA) NO. 177 OF 2005 (D) As per the submission of learned Counsel Shri S. V. Ingole for respondent nos. 1 to 7, respondent no. 5 - Girijabai Sakharam Bali is died.
The name of respondent no. 5 be deleted.
CIVIL APPLICATION (CAF) NO. 1111 OF 2019 Heard learned Counsel Shri V. N. Patre for interveners.
On 11.09.2017, following order was passed:
"Heard. Interveners together claim equal share in the property, now existing in the nature of the Award amount, along with legal heirs of original claimant Sakharam. Shri Patil, learned counsel for respondent Sakharam submits that all the legal heirs are willing to withdraw the amount along with the
caf 1111.2019.odt interveners/applicants as both the deceased Sakharam and Fakira were real brothers and had equal share in the acquired land.
In view of the above, no order is necessary and the application is disposed of in terms of the statement made across the Bar".
The application is allowed in terms of order dated 11.09.2017. Intervener nos. 1 to 3, namely, Vatchala Fakir Bali, Anusaya Fakira Bali and Vimal Fakira Bali are entitled to withdraw 50% amount deposited before this Court alongwith accrued interest, if any.
The application is disposed of.
JUDGE SMGate