Prakash Dattatray Kotambe And Others v. Uttam Ramji Kotambe(Lad) And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.7804 OF 2021 IN SA/314/2021 PRAKASH DATTATRAY KOTAMBE AND OTHERS

VERSUS

UTTAM RAMJI KOTAMBE(LAD) AND OTHERS ...

Advocate for Appellants : Mr. Dhananjay Deshpande ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 11-08-2021.

ORDER :

1.

Present application has been filed for restraining the defendants from withdrawing the amount of compensation and direction to the Courts below to transfer the said amount to this Court in the second appeal.

2.

It can be seen that both the Courts below have at this stage held that the plaintiffs/appellants have failed to prove the title. If at all in this second appeal the plaintiffs proved their contention then they can recover that amount from the person withdrawing and, therefore, no such directions can be given. Hence, the application stands rejected. (SMT. VIBHA KANKANWADI) JUDGE vjg/- Digitally signed by GAWADE VIRENDRA J Date:

2021.08.12 11:16:31 +0530 GAWADE VIRENDRA J