1 ca2800.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2800 OF 2011 IN FIRST APPEAL NO. 1227 of 2010 Nagnath s/o Vithal Chame, Age: 60 years, Occ: Agri., R/o. Khandapur, Tq. & Dist. Latur & Ors. ...APPLICANTS VERSUS The State of Maharashtra, Through the Collector, Latur & Anr. ...RESPONDENTS ... Mr. Amit Deshpande, Advocate for the applicants. Mr. P.M. More, A.G.P. for respondent No.1. Mr. S.S. Dande, Advocate for respondent No.2. ... CORAM: SMT. NISHITA MHATRE & S.S. SHINDE, JJ. DATE : 15TH APRIL, 2011 PER COURT : The present Civil Application is filed by the applicants for a direction to the Registrar to issue the cheque for disbursement of the amount, as directed by this Court, in favour of the 2 ca2800.11 applicant Nos.2A to 2F for half of the amount and in favour of applicant NO.3 for the rest of the amount. According to the applicants, applicant No.1 i.e. Nagnath s/o Vithal Chame had sold his share to applicant No.2 Ganpati s/o Tukaram Walse and applicant No.3 Prakash s/o Tukaram Walse by registered sale deeds dated 23-12-1983 and 30-08-1984 respectively. It is, in these circumstances that all the applicants have indicated by verifying the present Civil Application that the amount should be payable to them as aforesaid. 2. The learned Advocate for the M.I.D.C. submits that if the sale deeds of 1983 and 1984 are relied on then applicant No.1 could never have filed the Reference before the Court as he had already sold the property to applicant Nos. 2 and 3. Be that as it may, in our opinion, in view of the averments in the Civil Application, it is required to be allowed. Hence the Civil Application is allowed in terms of prayer (B). 3 ca2800.11 3. The contention of the M.I.D.C. raised hereinabove is left open to be considered when the appeal is heard finally. The Civil Application is disposed of accordingly. [S.S. SHINDE, J.] [SMT. NISHITA MHATRE, J.] sut/Apr11