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Bombay High CourtCAF/2883/2025allowed

Laxmibai Namdeo Borchate (Dead), Kailash Namdeo Borchate And Others v. The State Of Maharashtra Through The Collector, Yavatmal Others

2025-08-13Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 20-CAF 2883.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2883 OF 2025 IN FIRST APPEAL NO. 777 OF 2024 (D) ( LAXMIBAI NAMDEO BORCHATE (DEAD), THROUGH LRS AND OTHERS VS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, YAVATMAL OTHERS ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. S.V.Ingole, Advocate for appellant.

Mr. M.A.Kadu, Advocate for respondent No.3.

CORAM :

ABHAY J. MANTRI, J.

ATE :

AUGUST 13, 2025 1) The applicants No.1(a) to 1(c) have filed this application to permit them to withdraw the amount of compensation deposited in the Court, for which learned counsel for the respondent No.3 has given no objection, as the appeal was disposed of on 02/08/2024. It also appears that the applicants No.1(b) and 1(c) have executed a power of attorney in favour of applicant No.1(a), Smt. Sadhana wd/o Kailas Borchate thereby authorised her to collect the compensation amount on their behalf, for which learned counsel for the applicant has given no objection.

2) Having considered the reasons disclosed in the application, no objection of respondent No.3 and the fact that the applicants No.1(b) and 1(c) have executed a power of attorney in favour of applicant No.1(a), the application is allowed as prayed.

2 20-CAF 2883.2025.odt 3) The Registrar (J) is directed to transmit the amount of compensation along with interest thereon, to the bank account of applicant No.1(a) Smt. Sadhana wd/o Kailas Borchate within six weeks on her furnishing bank account details to the Registry. 4) The applicant No.1(a) is directed to file an affidavit before the Registry of this Court about the distribution of the compensation amount to the applicant No.1(b) and 1(c) within three weeks on receipt of the amount in her bank account. ( ABHAY J. MANTRI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 14/08/2025 12:38:41