V.I.D.C. Through Its Executive Engineer, Canal Division, Yavatmal And Another v. Sheshrao Narayan Patil And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO 2310 OF 2025 IN FIRST APPEAL NO. 593 OF 2022 (Vidarbha Irrigation Development Corpn, Yavatmal Vs. Sheshrao Narayan Patil (dead) thr LR s) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Babhulkar, Adv h/f Mr. Kadu, Advocate for appellant. Mr. A.B. Nakshane, Advocate for respondent No.1a to 1c Mrs. Dhande, AGP for respondent Nos. 2 and 3. CORAM : ABHAY J. MANTRI, J.

DATED : 17-07-2025 Heard.

2.

Applicants/respondents No. 1-A to 1-C have filed this application to permit them to withdraw the entire compensation amount deposited by the appellants before the executing Court/CJSD, Yavatmal, with their proportionate share, along with interest, for which learned counsel for appellants has no objection subject to furnishing undertaking by the applicants before the executing Court. Learned AGP for respondents No. 2 and 3 has no objection to such withdrawal.

3.

Learned counsel for the applicants submitted that respondent Nos. 1A to 1C are the sons of the deceased Sheshrao; therefore, he prayed for the grant of an equal share to all the applicants along with interest.

3.

Having considered the reasons disclosed in the application as well as no objection of learned counsel for appellants and learned AGP, the application is allowed, as prayed.

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In view of the above, the learned Reference Court is directed to transfer the amount of compensation into the bank account of the applicants along with accrued interest thereon, within four weeks, on their furnishing the usual undertaking and bank account details to them. The application is disposed of.

FIRST APPEAL NO. 593 OF 2022 Learned counsel for the appellant submits that inadvertently, she could not carry out the amendment; hence, she may be permitted to carry out the amendment as per the order dated 17.03.2025. Liberty is granted to carry out the amendment forthwith. (ABHAY J. MANTRI, J.) Belkhede