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Bombay High CourtCAF/2056/2022ca disposed off

Maharashtra Industrial Development Corp., Amravati Through Executive Engineer v. Vijayadevi Wd/O Ramanandsingh Thakur And Others

2023-07-12Hon'Ble Smt. Justice M. S. Jawalkar3 pages

1 / 3 01-CAF 2056 & 2057.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NOS. 2056 OF 2022 AND 2057 OF 2022 IN FIRST APPEAL NO. 568 OF 2005 (DECIDED) THE EXECUTIVE ENGINEER, M.I.D.C. THROUGH ITS BRANCH OFFICE YAVATMAL VS.

SAU. VIJAYADEVI WD/O RAMANANDSINGH THAKUR (DEAD) THROUGH LRS. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Shri. Parth Sagdeo, Advocate h/f. Shri. M. M. Agnihotri, Advocate for applicant.

Shri. K. S. Narwade, Advocate for LRs of respondent No.1.

Smt. Trupti Udeshi, AGP for respondent Nos.2 and 3.

CORAM

: SMT. M. S. JAWALKAR J.

DATE : 12/07/2023 CIVIL APPLICATION (F) NOS. 2057 OF 2022 Present application is filed by applicants legal heirs of deceased respondent No.1a for impleading their names as applicants in record and proceedings of the First Appeal No.568 of 2005, which was disposed of on 02/04/2016.

2.

The enhanced compensation is already deposited by appellant in this Court. The applicant filed separate affidavit in support of present

2 / 3 01-CAF 2056 & 2057.2022 application along with heirship certificate issued by Civil Judge Junior Division, Yavatmal.

3.

Though appellant objected, in my considered opinion application is under Order 1 Rule 10 read with Section 151 of the Civil Procedure Code, 1908, as such application is allowed. The appellant to carry out amendment in appeal within a period of one week.

4.

Application stands disposed of.

CIVIL APPLICATION (F) NOS. 2056 OF 2022 Present application is filed by the applicant legal heirs of deceased original claimant for grant of permission to withdraw the amount of compensation as per judgment of the First Appeal No.568 of 2005, decided on 02/04/2016 along with accrued interest. 2.

The application is submitted along with affidavit, death certificate, heirship certificate, power of attorney and aadhar card. The amount of compensation is already deposited in this Court. It is also claimed that amount be disbursed in the account of power of attorney of applicant No.1.

3.

The Registry is directed to disburse the amount within a period of four weeks, lying with this Court along with accrued interest in the account of

3 / 3 01-CAF 2056 & 2057.2022 applicant No.1 after due verification of power of attorney and documents placed on record.

4.

Application stands disposed of.

JUDGE CHANDRAKANT KOLHE 17:07