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Bombay High CourtCA/5850/2023disposed off

Gulab Sahebrao Chaudhary v. Satish Bhoju Badgujar And Others

2023-05-02Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5850 of 2023 IN SECOND APPEAL NO. 600 OF 2021 Gulab Sahebrao Chaudhary Applicant

Versus

Satish Bhoju Badgujar & others Respondents Mr. B. B. Kulkarni, Advocate holding for Mr. T. K. Sant, Advocate for the applicant.

CORAM : R. M. JOSHI, J.

DATE : 2nd MAY, 2023.

PER COURT :

1.

This application is fled by original appellant for withdrawal of sum of Rs. 60,100/-.

2.

It is the contention of applicant that this Court by passing order on 31st January, 2023, has permitted withdrawal of the said amount to the appellant after the possession of the suit property is handed over to the respondents and possession receipt is produced on record. Learned counsel for the applicant has placed reliance on possession receipt Annexure B to the application and also photocopy of the order dated 12th April, 2023, passed by the Executing Court recording satisfaction of the decree.

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In view of this, there is no impediment in allowing the application. Hence, application stands allowed in terms of prayer clause 'A'. Registry to pay sum of Rs. 60,100/- to the applicant as per rules. Application stands disposed of.

( R. M. JOSHI) Judge dyb