V.I.D.C. Nagpur Thr. Exe. Engineer, Minor Irrigation Work No. Ii, Yavatmal And Another v. Bhagwant Vithoba Lonbale And Others

caf 4172.2019 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4172 OF 2019 IN FIRST APPEAL (FA) NO.1424/2019 (D) [V.I.D.C. Thr. Executive Engineer, Minor Work No. II Yavatmal & Anr. Vs. Bhagwant Vithoba Lonbale & Ors.) -------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________________________________ Shri P.M. Pande Advocate for applicants Shri B.S. Mandhose, Advocate for respondent no.1 Shri M.A. Kadu, Advocate for appellant Shri H.R. Dhumale, A.G.P. for respondent nos. 2 & 3 CORAM : M. G. GIRATKAR, J.

DATE : 15/01/2020 Heard Shri P.M. Pande, learned Advocate for applicants, Shri B.S. Mandhose, learned Advocate for respondent no.1, Shri M.A. Kadu, learned Advocate for appellant and Shri H.R. Dhumale, learned A.G.P. for respondent nos. 2 & 3.

As per submission of learned counsel Shri Pande on the basis of forged will, the landed property was mutuated by the respondent no.1. The said agricultural land was acquired for Bembla Project by the Government/V.I.D.C. The respondent no.1 has received compensation of Rs.7,29,701/- before the reference court. In this court, the appellant has deposited Rs.8,50,849/-. Learned Advocate Shri Pande has submitted

caf 4172.2019 .odt that the applicants are real owners/natural heirs of deceased Maroti Narayan Yegaonkar. Learned Advocate for respondent no.1 submitted that respondent no.1 has become the owner as per will executed by Maroti Narayan Yegaonkar.

The applicants nos. 1 and 3 have filed R.C.S.No.81/2012 before Civil Judge, Junior Division, Ralegaon. The said suit is fixed for evidence and is likely to be decided within short period. As per submission of learned counsel Shri Pande, if the amount deposited by the appellant is withdrawn by the respondent no.1, then the suit will become infructuous. Looking to the submissions application is allowed. Amount of compensation of Rs.8,50,849/- deposited by the appellant before this court shall not be paid to the respondent no.1 till the decision of R.C.S.No.81/2012 pending before Civil Judge, Junior Division, Ralegaon. The application is disposed of. JUDGE C.R. Khobragade