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Bombay High CourtMCA/199/2015allowed

Shri Joaquim Santana Misquita (Sin.Dec.) Through Lr'S. Rep. By Their P.O.A., Smt.Alexinha Misquita v. Deputy Collector And S.D.O. Quepem And Land Acquisition Officer And ANR.,

2015-03-25Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 199 OF 2015 IN FIRST APPEAL NO. 18 OF 2007 SHRI JOAQUIM SANTANA MISQUITA (SIN.DEC.) THROUGH LR'S. REP. BY THEIR P.O.A., SMT.ALEXINHA MISQUITA.

... Applicant

Versus

DEPUTY COLLECTOR AND S.D.O. QUEPEM AND LAND ACQUISITION OFFICER AND ANR., ... Respondents Mr. V. R. Tamba, Advocate for the applicant.

Mr. V. Rodrigues, Addl. Government Advocate for the respondents. Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 25th March, 2015 P.C.

Heard Mr. V. R. Tamba, learned counsel appearing for the applicant and Mr. V. Rodrigues, learned Addl. Government Advocate appearing for the respondents.

2. This is an application to withdraw the amount in view of the disposal of the above First Appeal by judgment dated 30.09.2010. As the record reveals that no appeal has been preferred challenging the said judgment, there is no reason to refuse the withdrawal of the said amount.

MCA/199/2015

3. Mr. Tamba, learned counsel appearing for the applicant points out that the amount be distributed in terms of the pursis dated 11.03.2015. Hence, the application is allowed. The Registry shall disburse the amount in terms of the pursis subject to proper identification and filing supporting affidavit that they are the only persons entitled to claim the amount of the deceased appellant no.1.

4. The application stands disposed of accordingly. K. L. WADANE, J.

F. M. REIS, J.

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