Sangram Purushottam Kadam And ORS v. Udaysinha Shankarrao Mohite (Patil) Decd Thru Lr And ORS

513-wp-1922-2019.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.1922 OF 2019 Sangram Purushottam Kadam and others.

] Petitioners Vs.

Udyasinha Shankarrao Mohite (Patil) ] (since deceased) through his legal heirs ] Kirtidhwaj Udaysinha Mohite Patil ] and others.

] Petitioners .....

Ms. Savita Prabhune, learned Counsel for the petitioners. Mr. Abhijeet Kulkarni i/b D.D. Abhijit & Associates, for Respondents No.1(a) to 1(c) and 2.

.....

CORAM : R.G. KETKAR, J.

DATE : 14TH FEBRUARY, 2019.

P.C.

Not on board. At the request of Ms. Prabhune, taken up in the production board.

2.

Heard Ms. Prabhune, learned Counsel for the petitioners and Mr. Kulkarni, learned Counsel for respondents No.1(a) to 1(c) and 2. 3.

As the regular Court presided over by the Hon'ble Mr. Justice K.K. Tated is not available today for judicial work, Ms. Prabhune has moved this Court as per the administrative order passed by the Hon'ble the Chief Justice. 4.

By this Petition under Article 227 of the Constitution of India, the petitioners have prayed for withdrawal of Rs.13,25,000/- along with accrued

513-wp-1922-2019.odt interest deposited in the trial Court. Mr. Kulkarni submitted that respondents No.1(a) to 1(c) and 2 have filed affidavit dated 12th December, 2018 giving their no objection.

5.

In view thereof, Petition is allowed in terms of prayer clause (a). The petitioner is allowed to withdraw an amount of Rs.13,25,000/- deposited in the trial Court along with accrued interest unconditionally. 6.

In view thereof, Petition is disposed of.

7.

All the parties including the trial Court to act upon the authenticated copy of this order.

[R.G. KETKAR, J.]