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Bombay High CourtCA/3517/2024admittedallowedgrantedrule absolute

Vaishali Yashwant Patil And ORS v. Rajendra Vitthal Kothawade And ANR

2024-04-19Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:8817 15-ca-3517-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3517 OF 2024 IN FA/3423/2023 Vaishali Yashwant Patil And Ors

VERSUS

Rajendra Vitthal Kothawade And Anr ...

Advocate for Applicant : Mr. Amey Sabnis h/f Mr. Bhamre Manish V Advocate for Respondents : Mr. M.S. Shah ...

CORAM : S.G. MEHARE, J.

DATED : APRIL 19, 2024 PER COURT:- 1.

Heard the respective counsels.

2.

Considering the facts and issues involved in the case, the application deserves to be allowed. Hence, the following order :

ORDER

(i) The application is allowed.

(ii) The applicants are allowed to withdraw the entire amount deposited with this Court with interest on the undertaking that they would deposit the money if the impugned judgment and award is reversed.

(iii) Applicant no.1 shall furnish the undertaking for and on behalf of applicant nos.2 and 3.

(iv) The amount be apportioned as per the impugned judgment and award. However, the share of minor children i.e. applicant nos.2 and

15-ca-3517-2024.odt (2) 3 be deposited in fixed deposit in any nationalized bank of the choice of applicant no.1 under her guardianship till they attained the majority with right to receive the interest at quarterly rest. (S.G. MEHARE, J.) Mujaheed//