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Bombay High CourtCAF/2659/2018ca disposed off

Executive Engineer, Lower Wardha Project Division, Wardha v. Smt. Gopibai Wd/O. Vitthaldasji Bhattad (Dead), Thr. Lrs. Bhojraj Vitthladasji Bhattad And Others

2018-10-08Hon'Ble Shri Justice V.M. Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.2659/2018 IN FA NO.320/2017 (D) VIDC, thr. its Executive Engineer, Lower Wardha Project Division, Tahsil and District Wardha ..vs..

Gopibai Vitthaldas Bhattad, since deceased, thr. her LRs and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri T.R. Darda, Counsel for applicants/respondent Nos.1-A to 1-G.

Shri M.A. Kadu, Counsel for the appellant.

Shri Amit Balpande, AGP for respondent Nos.2 and 3.

CORAM

: V.M. DESHPANDE, J.

DATED : OCTOBER 8, 2018.

1.

This is an application filed on behalf of applicants/respondent Nos.1-A to 1-G for permission to withdraw the amount deposited by the appellant. 2.

Heard learned counsel Shri T.R. Darda for applicants/respondent Nos.1-A to 1-G, learned counsel Shri M.A. Kadu for the appellant, and learned Assistant Government Pleader Shri Amit Balpande for respondent Nos.2 and 3. 3.

On 4.4.2017, this Court (Coram : N.W. Sambre, J.) dismissed the first appeal filed on behalf of the appellant. 4.

Prior to dismissal of the appeal, in view of orders passed by this Court, the appellant deposited entire amount of decretal before this Court. Since the appeal is dismissed, the .....2/-

caf2659.18 18 application is moved by the applicants/respondent Nos.1-A to 1-G for permission to withdraw the said amount. 5.

In view of dismissal of the appeal, the present application is allowed. Applicants/respondent Nos.1-A to 1-G will be entitled to withdraw the amount deposited by the appellant along with interest accrued thereon. 6.

With this, the civil application stands disposed of accordingly.

JUDGE !! BRW !!

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