Chintaman Eknathrao Shinde (Died) Vanmala Chintaman Shinde And Others v. Maharashtra State Electricity Distribution Co Ltd., Ambajogai

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7885 OF 2022 IN FIRST APPEAL NO. 2772 OF 2010 CHINTAMAN EKNATHRAO SHINDE (DIED) VANMALA CHINTAMAN SHINDE AND OTHERS

VERSUS

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD AMBAJOGAI ...

Advocate for Applicants : Mr. R.P. Bhumkar Advocate for Respondent : Mr. P.B. Paithankar ....

CORAM : S.G. DIGE, J.

DATE : 5th August, 2022 ORDER :

.

Heard learned Counsel for applicants.

2.

Learned Counsel for applicants submits that, respondent has fled First Appeal No.2772 of 2010 and has deposited 50% amount as decreetal amount. 3.

Learned Counsel further submits that, due to change of pecuniary jurisdiction matter was referred to the District Court at Ambajogai i.e. Regular Civil Appeal No. 109 of 2012, after considering the evidence the appeal is

{2} dismissed on 25.01.2018. Applicant has fled execution proceeding i.e. Special Darkhast No.16 of 2017 which is pending when First Appeal was dismissed, applicant has fled application for withdrawal of amount with interest i.e. Rs.2,62,500/-. After hearing the parties the learned Court passed order but the amount is not transferred in execution petition i.e. lying with this Court. Hence, applicant be permitted to withdraw the amount. 4.

Learned Counsel for applicants further submits that, applicant No.1-A Vanmala chintaman Shinde be permitted to withdraw the deposited amount as applicant No.1-B to 1-E have given consent for it. 5.

Learned Counsel for respondent submits that, respondent has preferred second appeal before this Court but yet it is not listed. Hence, requested to reject the application.

6.

I have heard both the learned Counsel. The appeal

{3} fled by the respondent is dismissed by the learned Trial Court. The matter is of year 2011. The applicants needs amount for their day to day expenses and medical treatment. Hence, I pass the following order :-

ORDER

(a) Application is allowed in terms of prayer clause 'B'.

(b) Applicant No.1-A is permitted to withdraw entire amount on furnishing usual undertaking. (c) The Civil Application is disposed of.

[S.G. DIGE, J.]