V.I.D.C. Thr. Exe Engineer, v. Smt. Ashabai Wd/O Umrao Bhaiswar And 3 ORS

29-FA-1095-2009.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1575 OF 2026 IN FIRST APPEAL NO.1095 OF 2009 VIDC through its Executive Engineer Vs. Smt. Ashabai Wd/o Umrao Bhaiswar & 3 Ors.

__________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Vinay Dahat h/f. J.B. Kasat, for the applicant. Girish Inderlal Dipwani, Advocate for Respondent Nos.1 to 3. CORAM :

RAJNISH R. VYAS, J.

DATE : 05 th MAY, 2026.

1.

The claimant has preferred an application for withdrawal of the amount deposited by the acquiring body. The appeal preferred by the acquiring body has already been dismissed. It is the case of the applicant/original claimant that the amount to which they are entitled is to be deposited in the account maintained by Respondent No. 2, Yogesh. The learned counsel for the applicant has also invited my attention to the affidavit filed by the non-applicants, wherein the original respondent Ashabai, original Respondent No. 3 Chandrashekhar, and original Respondent No. 5 Anita have stated that they have no objection if their respective shares are deposited in the bank account of Respondent No. 2. Kartikeya

29-FA-1095-2009.odt 2.

In view of the averments made and the affidavit filed on record, the application is allowed in terms of prayer clause (i), which is reproduced hereunder:

"(i) Allow the present Civil Application and kindly permit the applicant to withdraw the balance amount of their respective/Equal share in the amount deposited by the appellant."

(RAJNISH R. VYAS, J.) Kartikeya