Executive Engineer Purna Medium Project Achalpur Division Amravati v. Yashwantrao S/O Gabdaji Nichat Dead Thr Lrs Smt. Renabai Wd/O Yashwantrao Nichat And Others

920fa923.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3973/2018 IN FIRST APPEAL NO. 923/2018 Executive Engineer, Purna Medium Project Division, Achalpur, Dist. Amravati. Vs.

Yashwantrao s/o Gabdaji Nichat (deceased) through legal heirs and others. --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mrs. A.A. Joshi, counsel for the appellant.

Shri R.J. Shinde, counsel for the respondent No. 1(a) to 1(g) Ms Geeta Tiwari, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 30-01-2019.

Heard learned counsel for the parties.

Perused the application.

After hearing both the sides, I am of the view that 75% amount could be permitted to withdraw by the legal heirs of respondent No. 1 i.e. Respondent Nos.1(a) to 1(g) on furnishing usual undertaking and remaining 25% amount on furnishing solvent surety.

Considering the facts of the case, legal heirs of respondent No. 1 i.e. Respondent Nos. 1(a) to 1(g) be permitted to withdraw 75% amount on furnishing usual undertaking and remaining 25% amount by filing solvent surety to the satisfaction of the Registrar (Judicial).

Civil application is allowed.

FIRST APPEAL NO. 923/2018.

Appellant to file private paper-book within six months.

JUDGE rkn