Laxmibai Shivaji Gawali And ORS v. Sandeep Damodhar Kale And ANR

1 946 ca 3431-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.3431 OF 2023 IN FA/994/2011 LAXMIBAI SHIVAJI GAWALI AND ORS

VERSUS

SANDEEP DAMODHAR KALE AND ANR ...

Advocate for Applicants : Mr. R. P. Adgaonkar h/f Mr. S. S. Panale Advocate for Respondent No.1 : Mr. Ashish Sonawane h/f Mr. V. D. Sonwane ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 16/03/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of balance amount from the deposited amount. The learned counsel or the respondent No.1, who has fled this appeal, strongly opposed the application on the ground that earlier there was withdrawal of 50% of the deposited amount in favour of the applicants. 3.

However, it seems that earlier withdrawal was permitted in the year 2011 and substantial period thereafter has been passed. Further it appears that applicant No.2 may get married since talks of her marriage are successful. In view of the same, the applicants are permitted to withdraw the balance amount of the deposited amount of compensation alongwith the interest accrued thereon till

2 946 ca 3431-23 date by furnishing solvent security / surety to the satisfaction of the Registrar (Judicial) of this court.

4.

The civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-