Deputy Chief Engineer, Amravati Narkhed Railway v. Jaikisan Jainarayanji Bhaiya (Dead Thr. Lrs) Smt. Shantabai Jaikisanji Bhaiya And Others

1 fa824.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2673 OF 2018 IN FIRST APPEAL NO.824 OF 2017 (DEPUTY CHIEF ENGINEER, AMRAVATI...VS. JAIKISAN J. BHAIYA DEAD THR.LRS & OTH) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mayank Agnihotri, Advocate for Appellant. Shri J.Y.Ghurde, A.G.P. for Respondent Nos.2 & 3. CORAM : Z.A.HAQ, J.

DATED : NOVEMBER 27, 2018.

By order passed on 9th April 2018 this Court permitted the respondent No.1a to 1g to withdraw 75% of the amount deposited by the appellants, jointly. The respondent Nos. 1a to 1g have filed this civil application praying that the order passed on 9th April 2018 be modified and it be directed that the respondent Nos.1b, 1e to 1g are entitled to withdraw the amount jointly. According to the respondent Nos.1a to 1g, the respondent No.1a, 1c and 1d have executed Relinquishment Deed dated 4th February 2016.

Accepting the above submission, the order passed on 9th April 2018 is modified and it is directed that the respondent No.1b and 1e to 1g are permitted to withdraw 75% of the amount deposited by the appellant, jointly. The civil application is allowed accordingly. No costs.

JUDGE RRaut..