Bombay High Court
CAF/2008/2026 of VIDARBHA IRRIGATION DEVP. CORPORATION, WASHIM, THR. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION Vs BHANUDAS NILKANTH DESHMUKH AND ANOTHER on 13 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
904caf2008.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAF) NO. 2008 OF 2026 IN
FIRST APPEAL NO. 829 OF 2018 (D)
VIDARBHA IRRIGATION DEVP. CORPORATION, WASHIM, THR. EXECUTIVE
ENGINEER, MINOR IRRIGATION DIVISION
VS
BHANUDAS NILKANTH DESHMUKH AND ANOTHER
Office Notes, Office Memoranda of
Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. Naimish Kasat, counsel h/f Mr. J.B. Kasat, counsel for appellant.
Mr. C.A. Joshi, counsel for non-applicants/applicants.
Mr. H.D. Dubey, AGP for respondent/State.
CORAM
: Y.G. KHOBRAGADE J.
DATE
: 13/10/2026.
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1. Heard learned counsel appearing for the respective parties.
2. By the present application, the legal heirs of deceased non-applicant/original claimant, seek permission to withdraw the enhanced amount of compensation to the tune of Rs. 6,85,996/- deposited by the applicant/acquiring body vide CCD No. 2926 dated 03/05/2017. The applicant/acquiring body has raised no objection to the withdrawal of the said amount.
3. Needless to say that, on 14/07/2018, Civil Application No. 2445 of 2016 in First Appeal Stamp No. 3538 of 2016 was settled before the Lok Adalat. As per the terms of settlement, the dispute between the applicant/acquiring body and non-applicant No.1/original claimant was settled for a sum of Rs. 6,81,410/-. The terms of the settlement/compromise were duly verified. As per the order dated 14/07/2018, the acquiring body was
904caf2008.2026.odt required to deposit the entire amount of compensation within stipulated period.
4. Since non-applicant No.1/original claimant has died, the present applicants, being the legal heirs of the deceased original claimant, have obtained the legal heirship certificate vide judgment and order dated 06/07/2026 passed by the learned Joint Civil Judge Junior Division, Risod, District Washim, in M.J.C. No. 89/2026. The present applicants, being the legal heirs of deceased original claimants, are entitled to the amount of compensation deposited before this Court. Accordingly, the deposited amount of Rs. 6,85,996/- be released in favour of the present applicants in equal shares.
5. In view of the above, the civil application is disposed of accordingly. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 15/10/2026 18:23:47