Executive Engineer, Lower Wardha Project Division v. Ramkrishna S/O Shyamraoji Godse And Others
1 caf2618.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [F] NO.2618/2018 IN FIRST APPEAL NO.923/2015 [DECIDED] [Executive Engineer, Lower Wardha Project Division, Wardha, Tahsil and District-Wardha .vs. Ramkrishna s/o Shyamraoji Godse 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 D.S. Lambat, Advocate for applicants/respondent nos.1 to 4, Shri S.A. Moharikar, Advocate h/f Shri U.A. Gosavi, Advocate for appellant, Mrs. Mrunal Naik, Assistant Government Pleader for respondent nos.5 and 6. ..........
CORAM : MRS. SWAPNA JOSHI, J.
DATED : AUGUST 31 , 2018 .
This is an application for modification of order dated 08.08.2018 in Civil Application [F] No.2462/2018.
Heard the learned counsel for the respective parties. Shri D.S. Lambat, the learned counsel for the applicantsrespondent nos.1 to 4, contended that the matter has been decided in National Lok Adalat, as per order dated 22.4.2018. It is pointed out that this Court, vide order dated 15.4.2016, has allowed to withdraw 50 % of the amount deposited in the Court. At that time this Court had observed that each of claimant would be entitled to withdraw 1⁄4 th of the amount as permitted. The learned counsel further submits that similar modification is to be carried out to the order passed by this court dated 08.08.2018. Shri S.A. Moharikar, learned counsel for appellant and Mrs. Mrunal Naik, learned AGP for respondent nos.5 and 6 have no objection for the same.
In view of the facts and circumstances, the order dated 08.08.2018 is hereby modified as under :
It should be added as 'each of claimant would be entitled to withdraw 1⁄4 th of the amount as permitted by the Court'. Civil Application stands disposed of accordingly. JUDGE Gulande