Shriniwas Shridhar Gautam v. Ramlakhan Bavdam Jaiswar (Since Deceased) Thr. Lrs. Mewati Devi W/O Late Ramlakhan

15.502.18-cac.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.502/2018 IN CIVIL REVISION APPLICATION NO.22/2014 Shriniwas Shridhar Gautam ... Applicant V/s.

Ramlakhan Bavdam Jaiswar ... Respondent Deceased, through heirs Mr. M. T. Narvekar for the Applicant

CORAM:

K.K. TATED, J.

DATED :

FEBRUARY 22, 2019 P.C. :

Heard. The learned counsel for the Applicant submits that the Respondents are duly served. He submits that they filed Affidavit of service. The statement is accepted. In spite of service none appeared for the Respondents.

The learned counsel for the Applicant seeks permission to withdraw the original documents i.e. LIC policy bearing NO.902991981 and original ration card which were filed by them before the Trial Court in S.C.Suit No.3011/2007. The learned counsel for the Applicant submits that the LIC policy was matured on 13.04.2018. Hence, he need the original policy to claim the maturity amount. In support of his Basavraj G. Patil 1/2

15.502.18-cac.doc contention, he relies on the averments made in para 4 of the Civil Application.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a.

Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) return three original doucment of LIC No.902991981 which is marked as Exhibit-E by the Trial Court and original ration card (Exhibit-A) and is lying in the R & P of the S.C.Suit No.3011/2007 filed in City Civil Court in respect of which CRA No.22 of 2014 is pending before this Hon'ble Court."

b.

Office is directed to return the original documents to the Applicant after obtaining photocopies thereof and with an undertaking that the Applicant shall bring back the original documents as and when he is directed to do so. c.

Civil Application stands disposed of accordingly. e.

No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2