Sahebrao Raman Sonune (Since Dead) Thr. Lrs. Vimalbai W/O Sahebrao Sonune And Others v. Collector, Yavatmal District Yavatmal And Others

1 916 caf 2068-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2068/2023 IN FIRST APPEAL NO.520/2022 Sahebrao Raman Sonune (dead) thr. LR's Vimalbai w/o Sahebrao Sonune and others Vs.

The Collector Yavatmal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.N. Patre, Advocate for appellants Ms T.H. Udeshi, AGP for respondent No.1 Shri H.D. Marathe, Advocate h/f Shri T.M. Zaheer, Advocate for respondent No.2 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

25/07/ The present application is filed by appellants for grant of permission to withdraw the amount which is deposited by respondents. The appellants challenged the judgment and order dated 30/08/2007 passed by learned Civil Judge, Senior Division, Pusad, District Yavatmal in L.A.C. No.539/2002.

2.

In First Appeal No.520/2022, this Court vide order dated 28/04/2022 allowed the appeal and enhanced the compensation and respondents were directed to pay compensation within a period of six months from the date of order. Accordingly, amount of Rs.43,96,160/- came to be deposited by respondents on 26/04/2023. In view of the disposal of the appeal, I do not see any impediment in allowing the application.

3.

The appellants also claimed that the amount

2 916 caf 2068-2023 should be permitted to withdraw to appellant No.3 who is holding power of attorney executed on 06/06/2023 for other appellants i.e. appellant Nos.1, 2 and 4 to 6.

4.

The learned Counsel for respondent No.2 have no objection. Accordingly application is allowed. 5.

The appellant No.3 is allowed to withdraw the amount of compensation Rs.43,96,160/- alongwith accrued interest on behalf of other appellants i.e. appellant Nos.1, 2 and 4 to 6. 6.

The Nazir is directed to verify the power of attorney executed in favour of appellant No.3 and disburse the amount.

7.

The application stands disposed of.

JUDGE R.S. Sahare