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Bombay High CourtCAO/569/2024ca disposed off

V. I. D. C. Through Its Executive Eingineer, Lower Wardha Canal Division v. Laxman S/O Doma Shelkar (Deleted) And Others

2024-05-06Hon'Ble Shri Justice G. A. Sanap1 pages

2024:BHC-NAG:5358 1 11 cao569.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAO) NO. 569 OF 2024 IN CIVIL APPLICATION (CAF) NO. 1204 OF 2024 IN IN FIRST APPEAL NO. 334 OF 2016 (D) V.I.D.C., THRU. ITS EXE.ENGR. LOWER WARDHA CANAL DIVN., WARDHA

VERSUS

LAXMAN S/o DOMA SHELKAR (Deleted) SOPAN DOMA SHELKAR AND ANOTHER ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- None for the appellant.

Mrs. Rajkumari Rai, Advocate for respondent nos.2 & 3/applicants. Ms. S. N. Thakur, A.G.P. for respondent no.4 . CORAM : G. A. SANAP, J.

DATE : MAY 06, 2024.

1.

This is an application by respondent nos.2 and 3 for modification of order dated 22.04.2024 passed in CAF No. 1204/2024.

2.

By order dated 22.04.2024, respondent no.3 was permitted to withdraw the amount on behalf of respondent nos.1 and 2. It is stated that respondent no.1 is already deleted by the Reference Court, since he died bachelor and leaving respondent nos.2 and 3 as his successors. 3.

In view of above, the application is allowed. The order dated 22.0.04.2024 is modified. Respondent no.3 Uddhav Doma Shelkar is permitted to withdraw the amount on his behalf and on behalf of respondent no.2. 4.

The application is allowed and disposed of. No costs. ( G. A. SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 07/05/2024 11:00:01