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Bombay High CourtIA/13553/2023allowed

Pratapsingh S/O. Chabildas Patel v. Smt. Jashodaben Arvind Patel

2023-12-20Hon'Ble Justice Sharmila U. Deshmukh2 pages

61 Ia-13553-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13553 OF 2023 IN CIVIL REVISION APPLICATION NO. 399 OF 2015 Pratapsingh Chabildas Patel and Others.

...Applicants.

In the matter of Smt. Jashodaben Arvind Patel.

...Applicant.

Versus

Pratapsingh Chabildas Patel and Others.

...Respondents.

------ Mr. Ramdas Hake-Patil for the applicant.

------ Coram : Sharmila U. Deshmukh, J.

Date : December 20, 2023.

P. C. :

1.

Interim application has been preferred seeking withdrawal of 50% of the compensation amount deposited in this court which was permitted to be withdrawn vide order dated 2nd September 2015. 2.

Learned counsel appearing for the applicant submits that respondent nos.2 and 4 have expired, and the revision applicant in spite of being informed, has not taken any steps. He further points the afÏdavit cum no-objection given by the legal heirs of deceased Patil-SR 1 of

61 Ia-13553-2023.doc respondent nos.2 and 4 giving their no objection to the applicant to withdraw the amount of compensation.

3.

Considering that by order dated 2nd September 2015, the applicant has been permitted to withdraw 50% of the amount deposited, there is no impediment to allow the interim application. 4.

Interim application is allowed in terms of prayer clause (a). Applicants are permitted to withdraw 50% of the compensation amount deposited in this court in accordance with the order dated 2nd September 2015.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of