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Bombay High CourtCA/7751/2023admittedallowedgrantedrule absolute

Gangabhishan Ramesh Mandhane (Died) Thr Lrs. Pushpa Pandharinath Mandhane And ORS v. Purushottam Pandharinath Mandhane

2023-08-10Hon'Ble Shri Justice Sandipkumar C. More2 pages

924-CA-7751-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 7751 OF 2023 IN FIRST APPEAL NO. 1260 OF 2009 GANGABHISHAN RAMESH MANDHANE (DIED) THR LRS.

PUSHPA PANDHARINATH MANDHANE AND OTHERS

VERSUS

PURUSHOTTAM PANDHARINATH MANDHANE ...

Mr. S.S. Shinde - Advocate for Applicants Mr. Vivek Bhavthankar - Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th August, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of deposited amount, which has been deposited by the respondent - appellant at the time of securing stay to the impugned judgment and decree. However, thereafter the main appeal on account of enhancement in monetary jurisdiction got transferred to the concerned District Court.

3.

The learned counsel for the respondent - appellant pointed out that, before the concerned District Court Pooja K.

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924-CA-7751-2023 compromise between the parties took place and therefore he has no objection for withdrawal of aforesaid amount lying with this Court by the present applicants.

4.

In view of the same, the applicants are permitted to withdraw the entire deposited amount alongwith the accrued interest thereon till date.

5.

The civil application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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