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Bombay High CourtCAF/2661/2025allowed

Kamalabai Tulshiram Khatik Thr. His Lrs. Prakash S/O Tulshiram Khatik And Others v. The State Of Maharashtra, Thr. The Collector, Yavatmal And Others

2025-07-30Hon'Ble Shri Justice Abhay J. Mantri2 pages

2025:BHC-NAG:7405 1 23-CAF-2662-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2661 OF 2025 IN FIRST APPEAL NO.1280 OF 2024 (D) Kamalabai Tulshiram Khatik (Dead) Thr. LRs Prakash S/o Tulshiram Khatik and ors. vs.

The State of Maharashtra, Thr. Collector, Yavatmal and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. V. Ingole, Advocate for the applicants/appellants. Smt Hemlata S. Dhande, AGP for respondent Nos.1 and 2. CORAM : ABHAY J. MANTRI, J.

DATED : 3 0-07-2025 The applicants-appellants have filed this application for permitting them to withdraw the entire amount of enhanced compensation with accrued interest thereon deposited by respondent No.3 in this Court for which learned Advocate for respondent No.3 has no objection as the appeal was partly allowed by judgment and order dated 18/12/2024. 2.

Having considered the reasons disclosed in the application as well as no objection of the learned Advocate for respondent No.3, the application is allowed as prayed. 3.

The applicants-appellants are permitted to withdraw the entire amount of enhanced compensation along with accrued interest thereon.

4.

The Registrar (Judicial) is directed to transfer the entire amount of enhanced compensation along with the interest accrued thereon, deposited by the respondent No.3 to the bank

2 23-CAF-2662-25.odt account of the applicant No.2 Subhash S/o Tulshiram Khatik as mentioned in paragraph 3 of the Power of Attorney dated 24/04/2025 within a period of six weeks.

5.

Accordingly, the application is allowed and disposed of. (ABHAY J. MANTRI, J.) Asmita