Tulsidas Narsingdas Tavar And Another v. Ujawala Ishwar Ahire And ANR

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO./9559/2016 IN FAST/8890/2014 TULSIDAS NARSINGDAS TAVAR AND ANOTHER

VERSUS

UJAWALA ISHWAR AHIRE ...

Adv.for Applicants : Mr. Deshmukh Arvind S.

Mr. Chandrakant P.Patil, Adv. for Resp.No.1.

­­­­­ CORAM : P.R.BORA, J.

DATE :

rd August,2016.

PER COURT :

1) Heard.

The applicant has filed the present application seeking withdrawal of the amount of Rs.25,000/­ deposited by the appellant by way of statutory requirement.

2) In view of the fact that the appeal on stamp number has been dismissed, I see no difficulty in allowing withdrawal of the amount by the original claimants. Moreover, as has been pointed out by the learned Counsel appearing for the parties, compromise had also arrived at before the trial Court in the execution proceedings whereby it has been agreed that the claimants shall withdraw the amount of Rs. 25,000/­ deposited by the appellant in this Court

by way of statutory deposit. In the result, the following order, ­

ORDER

i) The applicants are permitted to withdraw the amount of Rs.25,000/­ deposited in this Court along with interest, if any, accrued thereon. ii) Registry to ensure the aforesaid payment within four weeks.

iii) Civil Application for withdrawal of the amount stands disposed of.

(P.R.BORA) JUDGE bdv/