The State Of Mah. Thr. The Collector Rep. By Land Acq. Officer And ANR v. Ramesh S/O Baliram Valokar And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.4217 OF 2017 IN FIRST APPEAL ST.NO.690 OF 2013 (State of Maharashtra and another vs. Ramesh Baliram Valokar and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri S.C. Mehadia, Advocate for applicants/respondents. Shri K.R. Luley, Assistant Government Pleader for appellants.

-------- CORAM : P.N. DESHMUKH, J.

DATED : NOVEMBER 13, 2017 This application is filed by respondents/ original claimants for withdrawal of entire decretal amount of Rs.15,81,398/- along with interest accrued thereon.

Heard Shri Mehadia, learned Counsel for applicants/respondents and Shri Luley, learned Assistant Government Pleader for respondents.

This application arises out of aforesaid first appeal wherein challenge is to judgment and decree dated 27/4/2011 passed by learned 2nd Joint Civil Judge, Senior Division, Akola in L.A. Case No. 95/2000. The appellants have deposited entire decretal amount as per direction of this Court.

Shri Mehadia, learned Counsel for applicants, has contended that after acquisition of land of applicants, their main source of income is hampered as their only source of income was of cultivating the land. It is submitted that applicants are in dire need of

1311caf4217.17 2/2 financial assistance for welfare and education of their children. It is further submitted that in fact in the execution proceedings initiated, amount claimed is about Rs.16 lakhs.

Having considered facts as aforesaid, application is liable to be allowed as per order below : Applicants/respondents nos.1 and 2 are allowed to withdraw half of the amount of Rs.15,81,398/- with interest accrued thereon by submitting usual undertaking before Registrar (Judicial) and balance amount with interest accrued thereon shall be allowed to be withdrawn on furnishing surety to the satisfaction of Registrar (Judicial).

The civil application is disposed of as allowed.

JUDGE khj