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Bombay High CourtCA/6474/2021disposed off

Malhari Shankar Waghmare (Died) Thr Lrs. Kalawati Malhari Waghmare And Others v. The State Of Maharashtra, Through The Collector, Osmanabad And Another

2021-08-11Hon'Ble Shri Justice R. G. Avachat2 pages

C.A. No.6474/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6474 OF 2021 IN FIRST APPEAL NO.1269 OF 2021 Malhari Shankar Waghmare, Died L.Rs.

Kalawati w/o Malhari Waghmare and others ...

APPLICANTS

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .......

Mr. S.P. Katneshwarkar, Advocate for applicants Mr. P.M. Kulkarni, A.G.P. for respondents .......

CORAM :

R. G. AVACHAT, J.

DATE :

11th AUGUST, 2021 PER COURT :

In connected matter, the applicants therein were allowed to withdraw 50% of the amount deposited in this Court. The applicants herein are, therefore, permitted to withdraw 50% of the amount deposited with this Court on furnishing usual undertaking.

2.

The document in the nature of relinquishment deed executed by the sisters and mother of the applicants is placed on record. The document is registered one. From the

C.A. No.6474/2021 :: 2 ::

recitals of the document, it appears that the sisters and mother have given up their right, title and interest in the amount to be received on acquisition of the land. The document is accepted to the extent of sisters are concerned since they are married. So far as regards mother is concerned, the amount of her share be paid to her personally. It is reported that, due to old age, she is unable to appear in the office of this Court. The amount of her share, therefore, be transferred to the Reference Court and she is permitted to execute the undertaking before the Reference Court, which shall, in turn, remit the same to the Registrar of this Court. 3.

Civil Application is disposed of.

( R. G. AVACHAT ) JUDGE fmp/-