Bhalchandra Shamrao Dhanwadikar Died Lrs. Mahendra Bhalchandra Dhanwadikar Alis Ritesh Kailas Wagh v. Ananda Baburao Patil Thro Lrs Kasturabai Anandrao Patil Died And Others.

2-ca-2199-22 in sa.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2199 OF 2022 IN SECOND APPEAL NO. 247 OF 2007 BHALCHANDRA SHAMRAO DHANWADIKAR THR. LR. MAHENDRA BHALCHANDRA DHANWADIKAR ALIAS RITESH KAILAS WAGH

VERSUS

ANANDA BABURAO PATIL THR. LRS KASTURABAI ANANDRAO PATIL AND OTHERS ...

Advocate for Appellant : Mr. U. S. Malte Advocate for Respondent Nos.1 to 3 in SA :- Mr. Girish Rane ...

CORAM : MANGESH S. PATIL, J.

DATE : 16.02.2022 PER COURT :- This is a Civil Application for withdrawal of the amount deposited pursuant to the condition imposed while granting ad-interim relief.

2.

The Second Appeal was withdrawn unconditionally and by the order dated 15.01.2021 the appellants were granted liberty to apply for refund of the amounts.

3.

I have heard learned Advocate Mr. Malte for the original appellant and Mr. Rane learned Advocate for the original respondents.

4.

Since the Second Appeal has been unconditionally

2-ca-2199-22 in sa.odt withdrawn, the periodical deposits made as a condition for grant of interim relief which amounts are still lying in the Court deserve to be refunded as prayed.

5.

The Civil Application is allowed in terms of prayer Clause 'B'.

( MANGESH S. PATIL ) JUDGE shp/-