Anwaribegum M Rafik Shaikh And ORS v. Lalasaheb Digambar Bhandarge And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 960 CIVIL APPLICATION NO. 7342 OF 2024 IN FA/1321/2004 Anwaribegum M Rafik Shaikh & others ....Applicants

VERSUS

Lalasaheb Digambar Bhandarge & others .....Respondents .....

Mr. R. B. Deshmukh, Advocate for Applicants Mr. S. S. Monale, Advocate for Respondent No. 2. Mr. S. V. Kulkarni,Advocate for Respondent No. 3. CORAM : R. M. JOSHI, J.

DATE :20th JULY, 2024.

PER COURT :

1.

This application is for withdrawal of amount deposited in this Court in First Appeal No. 1321/2004.

2.

There is no dispute made by learned counsel for the Respondents about the fact that the first appeal is already allowed. This order has not been challenged. This application is filed by total six applicants out of eight appellants. It is specifically prayed that 1/8th share be granted to them.

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Merely because two appellants being appellant Nos. 4 and 8 have not filed application for withdrawal of amount, the amount payable to present applicants cannot be withheld. Hence, this application is allowed in terms of prayer clause 'B'. ( R. M. JOSHI) Judge dyb