← Library
Bombay High CourtCA/1003/2025admittedallowedgrantedrule absolute

Dwarkadas Gulabchand Loya (Died) Thr. Lrs Shakuntalabai (Died) Thr. Lrs Jugal Kishor D. Loya And ORS v. M.I.D.C. Thr Regional Officer, Latur

2025-01-24Hon'Ble Shri Justice R. G. Avachat , Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:2058-DB C.A. No.1003/2025 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1003 OF 2025 IN FIRST APPEAL NO.2191 OF 2016 Dwarkadas Gulabchand Loya, Died through L.rs. Shakuntalabai, Died, through L.Rs.

Jugal Kishor D. Loya & ors.

... APPLICANTS

VERSUS

M.I.D.C. through Regional Officer, ... RESPONDENTS .......

Mr. G.R. Syed, Advocate for applicants Mr. S.J. Salgare, A.G.P. for State .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 24th JANUARY, 2025 O R D E R :

This civil Application is filed with the following main prayer :

(B) The office may kindly be directed to pay the amount of accrued interest to the Applicants No.A and B i.e. Jugal Kishor s/o Dwarkadas Loya and Santoshkumar

C.A. No.1003/2025 :: 2 ::

s/o Dwarkadas Loya as per order dated 22/1/2024 in Civil Application No.12351/2024.

2.

This Court, by order dated 22/11/2024, in Civil Application No.12351/2024 in First Appeal No.2191/2016 and Civil Application No.12367/2024 in First Appeal No.2188/2016, allowed the applications, which were for withdrawal of interest accrued, in terms of the earlier order dated 27/9/2024. 3.

Heard learned Advocates appearing for both the sides. Applicants No.C, D and E had executed relinquishment deed in favour of Applicants No.A and B. The copy of the said deed is enclosed with the application. The application is supported by affidavit of all the applicants. On going through the same, we see no impediment in granting the prayer. Hence, the Civil Application is allowed in terms of prayer clause (B).

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-