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Bombay High CourtCA/5384/2018disposed offdismissed for default

Kalindar Vamir @ Ajij Shaikh (Died) Thr Lrs Mujanabi And ORS v. The State Of Maharashtra And ORS

2018-04-19Hon'Ble Shri Justice K.L. Wadane2 pages

932.ca.5384.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 5384 OF 2018 IN FIRST APPEAL NO. 3915 OF 2017 KALINDAR S/O VAMIR @ AJIJ SHAIKH (DIED) THR LRS MUJANABI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. More Abhijit S. AGP for Respondent No. 1: Mr. A. P. Basarkar ...

CORAM

: K. L. WADANE, J.

DATE :

19th April, 2018 PER COURT :

1.

Heard the learned counsel appearing for the applicants who submits that the applicant No. 4 is a dumb and deaf, therefore, the applicants are unable to furnish the undertaking as already directed by this Court as per the order dated 13.09.2017. Therefore, the learned counsel for the applicants submits that each of the applicant may be permitted to withdraw the amount of compensation of their share out of 50% amount which is allowed to be withdrawn.

2.

In view of the above, applicant Nos. 1 to 3 1/2

932.ca.5384.18.odt and 5 and 6 are permitted to withdraw their shares out of 50% amount. With this direction petition is disposed of.

3.

Liberty is granted to the applicant No. 4 to renew the prayer as and when occasion arises. (K. L. WADANE, J.) habeeb 2/2