Prabhakar Kishanrao Yadav And Others v. Kazi Saleem Mohiyddin Siddiqui And Others
2024:BHC-AUG:30543 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 21 CIVIL APPLICATION NO. 13344 OF 2024 IN CP/634/2018 AND CIVIL APPLICATION NO. 6411 OF 2019 IN CP/634/2018 KAQZI SALEEM MOHIYDDIN SIDDIQUI AND ORS ....Applicants
VERSUS
M.D. SINHA I.A.S OFFICER, BEED AND ORS .....Respondent Mr. M. M. Joshi, Advocate fore the applicants Mr. P. D. Patil, AGP for the respondents/State CORAM : KISHORE C. SANT, J.
DATE : 18th DECEMBER, 2024 P. C.
1.
This application is for withdrawal of the amount. It is pointed out that already this court has permitted the applicants to withdraw the amount by order dated 16-07-2024. However, only technical difficulty faced by the office is that the name of husband of applicant No.4/deceased Tahaseen does not appear in the contempt petition though the said name appears
(2) in the appeal. The applicant No.4 (deceased Tahaseen) was appellant No.4 in appeal and husband of the applicant No.4 (deceased Tahaseen) was appellant No.4-1 in the appeal. In contempt petition the applicant No.4 (deceased Tahaseen) has been shown as petitioner No.4 (died) through her legal heirs i.e. Afshan, Sohail, Raza and Sanober. But inadvertantly the name of the husband of the applicant No.4 (deceased Tahaseen) remained to be mentioned in the contempt petition. Further it is submitted that the husband of the applicant No.4 is also expired and the applicant Nos. 4-a to 4-d are the only the legal heirs of the applicant No.4 and the husband (deceased Uruj @ Urooj) of the applicant No.4. The death certificates of the applicant No.4 and husband of the applicant No.4 are taken on record. 2.
Considering the difficulty faced by the office, the office is directed to allow the applicants to withdraw the amount as directed by the order dated 16-07-2024.
3.
The application is therefore, allowed in terms of
(3) prayer clause-B.
CA/6411/2019 1.
The learned advocate for the applicant seeks leave to withdraw the application with liberty to pursue the proper remedy. Leave granted as prayed for.
2.
The application stands disposed off as withdrawn. [KISHORE C. SANT, J.] VishalK/21ca13344.24