Executive Engineer, K.P. Prakalp, Deulgaon Raja, Buldhana v. Gambhirrao Raosaheb Wayal And 2 Others

2025:BHC-NAG:3408 1 15-fa-986-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1196 OF 2024 IN CROSS-OBJECTION (XOB) NO. 4 OF 2022 IN FIRST APPEAL NO. 986 OF 2017 (D) Executive Engineer, K. P. Prakalp, Deulgaon Raja Vs.

Gambhirrao Raosaheb Wayal and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri D. S. Mapari, Advocate for respondent no. 1. CORAM :- M. W. CHANDWANI, J.

DATED :- 03.04.2025 Heard the learned counsel for the applicant.

2.

The contention is that remaining 25% of the decreetal amount is ordered to be withdrawn by respondent nos. 1 and 2 but, the name of respondent no. 1 is mentioned as Gambhirrao Raosaheb Wayal in the appeal and Gambhirrao Raosaheb Deshmukh is mentioned in Bank Account, Aadhar Card and Pan Card. 3.

The learned counsel for the applicant has drawn my attention to the order dated 06.04.2018. This Court while disbursing 75% of the deposited amount has allowed the disbursement of the amount in the name of Gambhirrao Raosaheb Deshmukh instead of Gambhirrao Raosaheb Wayal.

RR Jaiswal

2 15-fa-986-17.odt 4.

Considering the submission made and in view of order dated 06.04.2018, the Registry is directed to credit the amount which falls in the share respondent no. 1 to the account in the name of Gambhirrao Raosaheb Deshmukh.

5.

The application is disposed of accordingly.

CROSS OBJECTION NO. 4/2022 6.

The respondent nos. 1 and 2 to file paperbook within four weeks. 7.

List the present matter along with CrossObjection No. 12/2023 (In FA No. 752/2017). (M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 03/04/2025 17:07:42 RR Jaiswal