Balkishanji Ramvillabhaji Vyas Deceased Lrs. Kamlabai Deceased Lrs. Shamsundar And Others v. Bhikkibai Harikishanji Vyas Deceased No Lrs.

911- ca-930-21 with ca.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.930 OF 2021 IN SA/453/1999 WITH CA/3111/1999 IN SA/453/1999 BALKISHANJI RAMVILLABHAJI VYAS DECEASED LRS.

KAMLABAIDECEASED LRS. SHAMSUNDAR AND OTHERS

VERSUS

BHIKKIBAI HARIKISHANJI VYAS DECEASED NO LRS.

...

Advocate for Applicants : Ms Dube Anjali (Bajpai) ...

CORAM : MANGESH S. PATIL, J.

DATE : 18.02.2022 PER COURT :- .

Heard learned Advocate Ms. Dube Bajpai for the appellants who have fled this application. The appellants have been facing a decree granting maintenance in favour of the sole respondent Bhikkabai Harikishanji Vyas. It is mentioned that she died on 27 February 2007 issueless leaving behind no legal heirs to represent her estate. This Civil Application has been fled for disposing of the Second Appeal and permitting the appellants to withdraw the amount of Rs. 15,000/- which stands deposited towards arrears of maintenance. 2.

Pursuant to the orders passed by this Court on the previous occasions the appellants were permitted to issue notice to the sole respondent but she could not be served.

911- ca-930-21 with ca.odt 3.

Since the sole respondent is stated to have died without leaving any heir, the Civil Application is allowed and the Second Appeal is disposed of.

4.

Leave is granted to the appellants to withdraw the amount of Rs. 15,000/- which stands deposited towards arrears of maintenance.

( MANGESH S. PATIL ) JUDGE shp/-