Executive Engineer, Medium Project Division, Irrigation Department, Yavatmal And Another v. Sau. Vimal Somaji Madavi And Others

2026:BHC-NAG:6148 1 25-CAF-1355-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1355 OF 2026 IN FIRST APPEAL NO. 773 OF 2022 THE EXECUTIVE ENGINEER AND ANOTHER Vrs.

SAU. VIMAL SOMAJI MADAVI AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Ira P. Khisti, Advocate for appellants.

Shri K. S. Narwade, Advocate with Shri Vishwa Gadbaile, Advocate for non-applicant Nos.1 and 2.

Shri M.A. Kadu, AGP for non-applicant Nos.3 and 4. CORAM: Y. G. KHOBRAGADE, J.

DATE : 21/04/2026.

1.

Heard Shri Narwade, learned counsel appearing for non-applicant Nos.1 and 2, Ms. Ira Khisti, learned counsel appearing for the appellants and Shri M.A. Kadu, learned AGP appearing for the non-applicant Nos.3 and 4.

2.

By the present application, the nonapplicants/original claimants are seeking permission to correct the surname of the non-applicant No.2 / respondent No.2 as "Ade" instead of "Korange". The surname of respondent No.2 - Kamal Devidas Korange was also shown in Land Acquisition Case No.5/2012 and same respondent No.2 is also implicated in her original name Kamal Devidas Korange. However, she has changed her

2 25-CAF-1355-2026.odt surname as "Ade" and published in Government Gazette on 07/08/2025.

3.

Therefore, it would be just and proper that the non-applicant No.2 / respondent No.2 to correct her surname as "Ade" instead of "Korange".

4.

The appellants to carry out necessary amendment.

5.

Accordingly, Civil Application (CAF) No.1355/2026 is hereby disposed of.

Civil Application (CAF) No.1354/2026 6.

By the present application, the non-applicant No.2 / respondent No.2 - Kamal Devidas Ade (Korange) seeks permission to withdraw half of the amount of the compensation with accrued interest as per the order dated 21/12/2022 passed by this Court.

7.

The learned counsel appearing for the appellants has not raised serious objection.

8.

On 21/12/2022, this Court passed order in Civil Application (CAF) No.2853/2022 in First Appeal No.773/2022 and permitted the non-applicant Nos.1 and 2 to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing their identity to the satisfaction of the Registrar (Judicial) of this Court. However, neither the non-applicant No.1 nor the nonapplicant No2 withdrawn any amount till date. 9.

Therefore, it would be just and proper to permit the present non-applicant No.2 / respondent No.2Kamal Devidas Ade (Korange) to withdraw 50% of her

3 25-CAF-1355-2026.odt share as per the Judgment and Award dated 01/03/2019 passed in LAC No.5/2012 on furnishing regular undertaking.

10.

Accordingly, Civil Application (CAF) No.1354/2026 stands disposed of.

[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 21/04/2026 18:51:18