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Bombay High CourtCAF/2933/2025allowed

Shamrao S/O Nagoji Kale Thr. Lrs Mainabai Wd/O Shamrao Kale And Others. v. The State Of Maharashtra, Thr The Collector, Yavatmal And Others.

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

1 24-CAF 2933.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 2933 OF 2025 IN FIRST APPEAL NO. 1281 OF 2024 (Decided) ( SHAMRAO S/O NAGOJI KALE THR. LRS MAINABAI WD/O SHAMRAO KALE AND OTHERS. VS THE STATE OF MAHARASHTRA, THR THE COLLECTOR, YAVATMAL AND 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.

Ms.Mallika Babhulkar, Advocate h/f Mr.M.A.Kadu, Advocate for respondent No.3.

CORAM :

ABHAY J. MANTRI, J.

ATE :

AUGUST 13, 2025 1) The applicants/appellants have filed this application to permit them to withdraw the amount of compensation. The applicants No.1, 2 and 4 to 7 have executed power of attorney in favour of applicant No.3 Anandrao s/o Shamrao Kale, whereby they have authorised him to collect the compensation amount in his bank account on their behalf, as mentioned in last para of page 3 of the special power of attorney; for which learned counsel for respondent No.3 has given no objection. 2) Having considered the reasons disclosed in the application, as well as the fact that applicants No.1, 2 and 4 to 7 have executed a power of attorney in favour of applicant No.3 to collect the compensation amount on their behalf, the application is allowed as prayed.

3) The Registrar (J) is directed to transmit the said amount in the bank account of applicant No.3 Anandrao s/o Shamrao Kale, as mentioned in the last para of page 3 of the

2 24-CAF 2933.2025.odt special power of attorney, within seven weeks on their furnishing the usual undertaking, as well as solvent surety/security in the like amount.

4) The applicant No.3 is directed to file an affidavit before the Registry of this Court about the distribution of the amount to the applicants No.1, 2 and 4 to 7 within three weeks on receipt of the amount in his bank account. ( ABHAY J. MANTRI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 14/08/2025 12:42:02